United States v. Brenda Stacker, No. 13-2989 (8th Cir. 2014)
Annotate this CaseCourt Description: Criminal case - Criminal law. Anders case. Affirmed without comment.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-2989 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Brenda Ann Stacker lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Jefferson City ____________ Submitted: February 21, 2014 Filed: February 27, 2014 [Unpublished] ____________ Before WOLLMAN, MURPHY, and SMITH, Circuit Judges. ____________ PER CURIAM. Brenda Ann Stacker pleaded guilty to a fraud offense, and was sentenced by the district court1 to 4 years of probation. On appeal, counsel for Stacker seeks to 1 The Honorable Fernando J. Gaitan, Jr., United States District Judge for the Western District of Missouri. withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the court abused its discretion by failing to convert Stacker s felony conviction into a misdemeanor. We reject this argument as legally unfounded. Having reviewed the record independently under Penson v. Ohio, 488 U.S. 75, 80 (1988), we find no non-frivolous issues. Therefore, we grant counsel s motion to withdraw, subject to his informing Stacker about procedures for seeking rehearing or filing a petition for certiorari. The judgment is affirmed. ______________________________ -2-
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