United States v. Joshua Boyles , 549 F. App'x 599 ( 2014 )

United States Court of Appeals
For the Eighth Circuit
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No. 13-2141
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Joshua E. Boyles
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: December 27, 2013
Filed: January 9, 2014
[Unpublished]
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Before LOKEN, BOWMAN, and GRUENDER, Circuit Judges.
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PER CURIAM.
Joshua Boyles appeals after he pled guilty to a felon-in-possession charge, and
the district court1 imposed a within-Guidelines-range sentence. His counsel has
1
The Honorable Dean Whipple, United States District Judge for the Western
District of Missouri.
moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738
(1967), arguing that the district court erred in denying Boyles’s motion to suppress.
Upon careful review, we conclude that the district court properly denied Boyles’s
motion. See United States v. Donnelly, 475 F.3d 946, 951 (8th Cir. 2007) (district
court’s determination that probable cause existed is reviewed de novo, and factual
findings are reviewed for clear error; this court will affirm denial of suppression
motion unless it finds that decision is unsupported by evidence, based on erroneous
view of law, or court is left with firm conviction that mistake has been made).
Finally, having reviewed the record independently under Penson v. Ohio, 488
U.S. 75, 80 (1988), we find no non-frivolous issues. Accordingly, we affirm the
judgment of the district court, and we grant counsel’s motion to withdraw.
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