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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 03-1045 ___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the Northern * District of Iowa. David K. Feddersen, * * [UNPUBLISHED] Appellant. * ___________ Submitted: September 25, 2003 Filed: September 30, 2003 ___________ Before RILEY, HANSEN, and SMITH, Circuit Judges. ___________ PER CURIAM. David K. Feddersen challenges the sentence the district court1 imposed after he entered a plea under North Carolina v. Alford,
400 U.S. 25, 37 (1970), to threatening to use anthrax to assault or kill federal employees, in violation of
18 U.S.C. § 115(a)(1)(B). At sentencing, the district court denied Feddersen an acceptance-of-responsibility reduction and sentenced him to 36 months imprisonment to be followed by one year supervised release. 1 The Honorable Linda R. Reade, United States District Judge for the Northern District of Iowa. On appeal, counsel has filed a brief under Anders v. California,
386 U.S. 738(1967), arguing that the district court erred in denying an acceptance-of-responsibility reduction, given that the shortcomings in Feddersen’s guilty plea “reasonably appeared to be a product of [his] mental illness.” After careful review of the record, we find that the district court did not clearly err in denying the acceptance-of- responsibility reduction. See United States v. Arellano,
291 F.3d 1032, 1034 (8th Cir. 2002) (standard of review). Upon reviewing the record independently under Penson v. Ohio,
488 U.S. 75(1988), we have found no non-frivolous issues. Accordingly, we affirm. We also grant counsel’s motion to withdraw. ______________________________ -2-
Document Info
Docket Number: 03-1045
Citation Numbers: 76 F. App'x 754
Filed Date: 9/30/2003
Precedential Status: Non-Precedential
Modified Date: 1/12/2023