United States of America v. Dmarquise Leuntaye Magsby

United States Court of Appeals
For the Eighth Circuit
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No. 21-2426
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United States of America,
lllllllllllllllllllllPlaintiff - Appellee,
v.
Dmarquise Leuntaye Magsby,
lllllllllllllllllllllDefendant - Appellant.
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Appeal from United States District Court
for the Southern District of Iowa - Central
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Submitted: December 1, 2021
Filed: December 6, 2021
[Unpublished]
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Before COLLOTON, BENTON, and GRASZ, Circuit Judges.
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PER CURIAM.
Dmarquise Magsby appeals the sentence imposed by the district court1 after he
pleaded guilty to a firearm offense. His counsel has moved to withdraw and filed a
1The Honorable Rebecca Goodgame Ebinger, United States District Judge for
the Southern District of Iowa.

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brief under Anders v. California, 386 U.S. 738 (1967). The brief argues that the
district court erred in applying a four-level enhancement to Magsby’s base offense
level under USSG § 2K2.1(b)(6)(b) based on its finding that Magsby possessed a
firearm in connection with another offense, namely, possession of ecstasy with intent
to deliver, in violation of Iowa Code § 124.401(1). We conclude that the district
court did not err in applying the enhancement; the court’s finding that Magsby had
the intent to deliver was supported by the evidence. See USSG § 2K2.1(b)(6)(B);
State v. Adams, 554 N.W.2d 686, 691-92 (Iowa 1996).
We have also independently reviewed the record under Penson v. Ohio, 488
U.S. 75 (1988), and we find no non-frivolous issues for appeal. Accordingly, we
affirm, and we grant counsel’s motion to withdraw.
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