United States of America v. Selica Jane Fender

United States Court of Appeals
For the Eighth Circuit
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No. 18-2415
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Selica Jane Fender
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of North Dakota - Fargo
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Submitted: April 1, 2019
Filed: April 23, 2019
[Unpublished]
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Before BENTON, BOWMAN, and GRASZ, Circuit Judges.
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PER CURIAM.

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Selica Fender appeals from the sentence the District Court1 imposed after she
pleaded guilty to a drug offense. Her counsel has moved to withdraw and has filed
a brief under Anders v. California, 386 U.S. 738 (1967).
Counsel argues that the District Court erred in denying safety-valve relief
under 18 U.S.C. § 3553(f). We reject this argument because we conclude that Fender
failed to establish that she qualified for the relief sought. See United States v.
Guerra-Cabrera, 477 F.3d 1021, 1025 (8th Cir. 2007) (stating that defendants must
establish that they qualify for safety-valve relief).
We have independently reviewed the record under Penson v. Ohio, 488 U.S.
75 (1988), and we have identified no non-frivolous issues for appeal. We grant
counsel’s motion to withdraw, and we affirm.
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1The Honorable Donovan W. Frank, United States District Judge for the
District of Minnesota, sitting by designation.
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