United States of America v. Daevone Rashad Brown

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 18-3105
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Daevone Rashad Brown
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Southern District of Iowa - Des Moines
____________
Submitted: September 5, 2019
Filed: September 10, 2019
[Unpublished]
____________
Before LOKEN, COLLOTON, and GRASZ, Circuit Judges.
____________
PER CURIAM.
Daevone Brown appeals after he pled guilty to a felon-in-possession charge,
and the district court sentenced him to a prison term below the calculated United1
The Honorable Stephanie M. Rose, United States District Judge for the1
Southern District of Iowa.

-- 1 of 2 --

States Sentencing Guidelines Manual (“Guidelines”) range. His counsel has moved
to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967),
suggesting the district court erred in applying an enhancement under U.S.S.G.
§ 2K2.1(b)(6)(B), based on Brown’s possession of a firearm in connection with
another offense, namely, carrying weapons in violation of Iowa Code § 724.4(1).
We conclude the district court properly applied the enhancement under
§ 2K2.1(b)(6)(B). See United States v. Turner, 781 F.3d 374, 393 (8th Cir. 2015)
(reviewing application of Guidelines de novo, and findings of fact for clear error);
United States v. Walker, 771 F.3d 449, 452-53 (8th Cir. 2014) (affirming application
of enhancement under § 2K2.1(b)(6)(B) to felon in possession of firearm, who
possessed firearm in connection with violation of § 724.4(1)). In addition, having
independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988),
we find no nonfrivolous issues for appeal. Accordingly, we grant counsel leave to
withdraw, and we affirm.
______________________________
-2-

-- 2 of 2 --