United States of America v. Demetrius Demarco Spencer

United States Court of Appeals
For the Eighth Circuit
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No. 22-2534
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Demetrius Demarco Spencer
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of Minnesota
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Submitted: November 29, 2022
Filed: December 2, 2022
[Unpublished]
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Before COLLOTON, GRUENDER, and GRASZ, Circuit Judges.
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PER CURIAM.
Demetrius Spencer appeals the sentence imposed by the district court 1 after a
jury convicted him of a firearm offense. Spencer’s counsel has moved for leave to
1The Honorable Eric C. Tostrud, United States District Judge for the District of
Minnesota.

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withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967),
challenging the sentence.
Upon careful review, we conclude the district court correctly calculated
Spencer’s United States Sentencing Guidelines Manual (“Guidelines”) offense level,
see United States v. Turner, 781 F.3d 374, 393 (8th Cir. 2015) (reviewing de novo
construction and application of the Guidelines), as the district court’s finding that the
firearm was used in connection with another felony offense was supported by the trial
evidence, see United States v. Carothers, 337 F.3d 1017, 1019 (8th Cir. 2003) (noting
district court’s credibility determinations are virtually unreviewable on appeal).
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 the judgment and grant counsel’s motion to withdraw.
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