United States v. Tevonta Tiller, No. 20-2257 (8th Cir. 2021)
Annotate this CaseCourt Description: [Per Curiam - Before Colloton, Gruender and Shepherd, Circuit Judges] Criminal case - Sentencing. Anders case. Claim of vindictive prosecution rejected.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-2257 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Tevonta Reair Tiller lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Western ____________ Submitted: January 11, 2021 Filed: January 22, 2021 [Unpublished] ____________ Before COLLOTON, GRUENDER, and SHEPHERD, Circuit Judges. ____________ 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. ______________________________ -2-
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