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United States v. Kristopher Mitchell
21-1703
| 8th Cir. | Nov 5, 2021
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*1 Before BENTON, KELLY, and GRASZ, Circuit Judges.

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PER CURIAM.

Kristopher Mitchell appeals the sentence the district court [1] imposed after he pled guilty to being a felon in possession of a firearm. His counsel has moved to withdraw and has filed a brief under Anders v. California , 386 U.S. 738 (1967). *2 Mitchell questions whether the district court properly imposed a 4-level enhancement for possessing the firearm in connection with another felony offense. Mitchell did not raise this challenge below, however, and we conclude that the district court did not plainly err in applying the enhancement. See United States v. Webster , 820 F.3d 944, 945 (8th Cir. 2016) (per curiam) (standard of review); see also U.S.S.G. § 2K2.1(b)(6)(B) (increase by 4 levels if defendant used or possessed firearm in connection with another felony offense) & cmt. n.14(C) (defining “another felony offense”).

Further, having independently reviewed the record under Penson v. Ohio , 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal. Accordingly, we grant counsel leave to withdraw [2] and affirm.

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[1] The Honorable James M. Moody Jr., United States District Judge for the Eastern District of Arkansas.

[2] We remind counsel, however, that Anders briefing must be done as an advocate for the appellant, and the brief must refer to anything in the record that might arguably support the appeal. See Penson , 488 U.S. at 80 ( Anders brief must refer to anything in record that might arguably support appeal); Evans v. Clarke , 868 F.2d 267, 268 (8th Cir. 1989) ( Anders briefing must be done as advocate). -2-

Case Details

Case Name: United States v. Kristopher Mitchell
Court Name: Court of Appeals for the Eighth Circuit
Date Published: Nov 5, 2021
Docket Number: 21-1703
Court Abbreviation: 8th Cir.
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