United States v. Ronald Like, No. 20-3403 (8th Cir. 2021)
Annotate this CaseCourt Description: [Per Curiam - Before Colloton, Shepherd, and Grasz, Circuit Judges] Criminal case - Sentencing. Anders case. The district court did not err in not calculating credit for time served prior to imposition of defendant's federal sentence as the court was not authorized under 18 U.S.C. Sec. 3585(b) to compute sentencing credit at the sentencing; defendant's within-guidelines range sentence was not substantively unreasonable.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-3403 ___________________________ United States of America, lllllllllllllllllllllPlaintiff - Appellee, v. Ronald Like, lllllllllllllllllllllDefendant - Appellant. ____________ Appeal from United States District Court for the Western District of Missouri - Jefferson City ____________ Submitted: June 2, 2021 Filed: June 14, 2021 [Unpublished] ____________ Before COLLOTON, SHEPHERD, and GRASZ, Circuit Judges. ____________ PER CURIAM. Ronald Like appeals the sentence the district court1 imposed after he pleaded guilty to a firearms offense. His counsel has moved for leave to withdraw, and has 1 The Honorable Brian C. Wimes, United States District Judge for the Western District of Missouri. filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the district court erred in not crediting Like for time he served in a county jail before sentencing. We conclude that the district court was not authorized under 18 U.S.C. § 3585(b) to compute sentencing credit at the sentencing hearing. See United States v. Wilson, 503 U.S. 329, 333 (1992). To the extent Like argues that the sentence is unreasonable, we conclude that the district court did not abuse its discretion by imposing a sentence of 70 months’ imprisonment, which was within the advisory guideline range. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc); see also United States v. St. Claire, 831 F.3d 1039, 1043 (8th Cir. 2016). We have independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and we have identified no nonfrivolous issues for appeal. We grant counsel leave to withdraw, and affirm. ______________________________ -2-
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