United States v. Debra Goodman

Filing

PER CURIAM OPINION FILED - THE COURT: Bobby E. Shepherd, Morris S. Arnold and Jane Kelly (UNPUBLISHED); Granting [4438193-2] motion to withdraw as counsel filed by Mr. Christopher Aaron Holt.; Denying [4446656-2] motion for appointment of counsel filed by Appellant Ms. Debra Lynn Goodman. [4484071] [16-3135]

United States Court of Appeals
For the Eighth Circuit
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No. 16-3135
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Debra Lynn Goodman, also known as Debra Lynn Smith, also known as Debrah
Lynne Smith, also known as Debra Lynn Holland, also known as Isabell Kesari
Gervais, also known as Isabell Kesari Scott
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Arkansas - Fayetteville
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Submitted: December 21, 2016
Filed: December 28, 2016
[Unpublished]
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Before SHEPHERD, ARNOLD, and KELLY, Circuit Judges.
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PER CURIAM.

Appellate Case: 16-3135

Page: 1

Date Filed: 12/28/2016 Entry ID: 4484071

Debra Goodman appeals after she pleaded guilty to a passport-related offense
and the district court1 imposed a sentence including a within-Guidelines-range prison
term and a fine. Her counsel has moved for leave to withdraw and filed a brief under
Anders v. California, 386 U.S. 738 (1967), asserting that the district court plainly
erred in imposing the fine, due to Goodman’s inability to pay. Goodman has filed a
pro se brief challenging the fine, asserting procedural errors in the Guidelines
calculations, and arguing that she should have been sentenced to probation. She also
has filed a motion essentially seeking appointment of new counsel.
Upon careful review, we conclude that there is no basis on which to set aside
any aspect of Goodman’s sentence. See United States v. Callaway, 762 F.3d 754,
759-60 (8th Cir. 2014) (within-Guidelines-range prison term may be presumed
reasonable); United States v. Allmon, 500 F.3d 800, 807-08 (8th Cir. 2007)
(discussing review of fines). Furthermore, we have independently reviewed the
record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous
issues for appeal. Accordingly, we deny Goodman’s motion, grant counsel’s motion
to withdraw, and affirm the judgment.
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1

The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.
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Appellate Case: 16-3135

Page: 2

Date Filed: 12/28/2016 Entry ID: 4484071