United States v. Tevonta Tiller ( 2021 )

United States Court of Appeals
For the Eighth Circuit
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No. 20-2257
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Tevonta Reair Tiller
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Western
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Submitted: January 11, 2021
Filed: January 22, 2021
[Unpublished]
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Before COLLOTON, GRUENDER, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Tevonta Tiller appeals after he pleaded guilty to bank robbery and a firearm
offense, and the district court1 sentenced him below the Guidelines range. His counsel
1
The Honorable Robert W. Pratt, United States District Judge for the Southern
District of Iowa.
has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738(1967), arguing that Tiller’s conviction and sentence should be vacated due to
vindictive prosecution.
Upon careful review, we conclude that Tiller did not demonstrate that the
government vindictively prosecuted him. See United States v. Williams, 793 F.3d
957, 963-64 (8th Cir. 2015) (defendant bears heavy burden to demonstrate vindictive
prosecution); United States v. Chappell, 779 F.3d 872, 880 (8th Cir. 2015)
(presumption of regularity supports prosecutorial decisions absent clear, contrary
evidence).
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, and we grant counsel’s motions to withdraw.
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