United States v. David Feddersen , 76 F. App'x 754 ( 2003 )


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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    *    [UNPUBLISHED]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Precedential Status: Non-Precedential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