United States v. Spencer

• Decision Date: 02 December 2022
• Docket Number: 22-2534
• Parties: United States of America Plaintiff - Appellee v. Demetrius Demarco Spencer Defendant-Appellant
• Court: U.S. Court of Appeals — Eighth Circuit

United States of America Plaintiff - Appellee v. Demetrius Demarco Spencer Defendant-Appellant

No. 22-2534

United States Court of Appeals, Eighth Circuit

December 2, 2022

UNPUBLISHED

Submitted: November 29, 2022

Appeal from United States District Court for the District of Minnesota

Before COLLOTON, GRUENDER, and GRASZ, Circuit Judges.

PER CURIAM

Demetrius Spencer appeals the sentence imposed by the district court^[1] after a jury convicted him of a firearm offense. Spencer's counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the sentence.

Upon careful review, we conclude the district court correctly calculated Spencer's United States Sentencing Guidelines Manual ("Guidelines") offense level, see United States v. Turner, 781 F.3d 374, 393 (8th Cir. 2015) (reviewing de novo construction and application of the Guidelines), as the district court's finding that the firearm was used in connection with another felony offense was supported by the trial evidence, see United States v. Carothers, 337 F.3d 1017, 1019 (8th Cir. 2003) (noting district court's credibility determinations are virtually unreviewable on appeal).

We have also independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and we find no non-frivolous issues for appeal. Accordingly, we affirm the judgment and grant counsel's motion to withdraw.

---------

^[1]The Honorable Eric C. Tostrud, United States District Judge for the District of Minnesota.

---------