672 F. App'x 613
8th Cir.
2016

Trista JONES v. RK ENTERPRISES OF BLYTHEVILLE, INC.; Jahid Rahman; Mahmuda Rahman

No. 16-1999

United States Court of Appeals, Eighth Circuit.

Submitted: December 22, 2016. Filed: December 28, 2016.

613

Josh Sanford, Joshua L. West, Sanford Law Firm, Little Rock, AR, for Plaintiff-Appellant

Garland Watlington, Watlington Law Firm, Jonesboro, AR, for Defendants-Appellees

Before SMITH, BOWMAN, and BENTON, Circuit Judges.

PER CURIAM.

In this appeal following a remand, see Trista Jones v. RK Enterprises of Blytheville, Inc., 632 Fed.Appx. 306 (8th Cir. 2016) (unpublished per curiam), Trista Jones appeals from an order of the district court1 granting a reduced award of attorney‘s fees. We conclude the district court properly determined the attorney‘s fee award in accordance with the lodestar approach and Hensley v. Eckerhart, 461 U.S. 424, 433-34, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983). We also conclude the court was within its discretion in reducing the award based on the limited success achieved. See H.J. Inc. v. Flygt Corp., 925 F.2d 257, 260-61 (8th Cir. 1991). Finally, Jones is not entitled to fees for this appeal as she is not a prevailing party. Cf. 8th Cir. R. 47C.

The judgment of the district court is affirmed. See 8th Cir. R. 47B.

UNITED STATES of America v. Debra Lynn GOODMAN, also known as Debra Lynn Smith, also known as Debrah Lynne Smith, also known as Debra Lynn Holland, also known as Isabell Kesari Gervais, also known as Isabell Kesari Scott

No. 16-3135

United States Court of Appeals, Eighth Circuit.

Submitted: December 21, 2016. Filed: December 28, 2016.

613

Sydney L. Butler, Assistant U.S. Attorney, U.S. Attorney‘s Office, Western District of Arkansas, Fort Smith, AR, for Plaintiff-Appellee

Debra Lynn Goodman, Pro Se

Before SHEPHERD, ARNOLD, and KELLY, Circuit Judges.

PER CURIAM.

Debra Goodman appeals after she pleaded guilty to a passport-related offense and the district court1 imposed a sentence including a within-Guidelines-range prison term and a fine. Her counsel has moved for leave to withdraw and filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), asserting that the district court plainly erred in imposing the fine, due to Goodman‘s inability to pay. Goodman has filed a pro se brief challenging the fine, asserting procedural errors in the Guidelines calculations, and arguing that she should have been sentenced to probation. She also has filed a motion essentially seeking appointment of new counsel.

Upon careful review, we conclude that there is no basis on which to set aside any aspect of Goodman‘s sentence. See United States v. Callaway, 762 F.3d 754, 759-60 (8th Cir. 2014) (within-Guidelines-range prison term may be presumed reasonable); United States v. Allmon, 500 F.3d 800, 807-08 (8th Cir. 2007) (discussing review of fines). Furthermore, we have independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and have found no non-frivolous issues for appeal. Accordingly, we deny Goodman‘s motion, grant counsel‘s motion to withdraw, and affirm the judgment.

Werner Wolfgang RUMMER v. State of NORTH DAKOTA; ND Department of Corrections; ND State Penitentiary; Rough Rider Industries; Leann K. Bertsch; Timothy Schuetzle; Dennis Francazi; Dennis Kroh; Pete Fried; Steve Johnson; Robyn T. Schmalenberger; Darcy Klimpel; Kathy Bachmeier; Jessica Wilkins; John Hagan

No. 16-1131

United States Court of Appeals, Eighth Circuit.

Submitted: December 21, 2016. Filed: December 28, 2016.

614

Werner Wolfgang Rummer, Pro Se

James A. Wiese, Assistant Attorney General, Attorney General‘s Office, Bismarck, ND, for Defendants-Appellees State of North Dakota, ND Department of Corrections, ND State Penitentiary,

Notes

1
The Honorable Billy Roy Wilson, United States District Judge for the Eastern District of Arkansas. The Honorable Timothy L. Brooks, United States District Judge for the Western District of Arkansas.