United States of America v. Marcus L. Charleston

United States Court of Appeals
For the Eighth Circuit
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No. 17-3623
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Marcus L. Charleston
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri - Cape Girardeau
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Submitted: August 21, 2018
Filed: August 31, 2018
[Unpublished]
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Before LOKEN, KELLY, and ERICKSON, Circuit Judges.
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PER CURIAM.

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Marcus Charleston directly appeals the sentence the district court imposed1
after he pleaded guilty to drug and firearm offenses. His counsel has moved to
withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967).
Charleston questions the district court’s imposition of a consecutive sentence
for his conviction for possessing a firearm in furtherance of a drug-trafficking crime.
We conclude, however, that the district court was required to impose the consecutive
sentence. See 18 U.S.C. § 924(c)(1)(D)(ii); United States v. Gonzales, 520 U.S. 1,
11 (1997) (plain language of § 924(c) forbids district court from directing that term
of imprisonment under that statute run concurrently with any other term of
imprisonment). Charleston also challenges the reasonableness of his sentence. We
reject this challenge, given that the district court imposed the shortest aggregate
sentence possible in the absence of a government motion. See 18 U.S.C.
§ 924(c)(1)(A)(i), (c)(1)(D)(ii); 21 U.S.C. § 841(b)(1)(B); United States v. Woods,
717 F.3d 654, 659 (8th Cir. 2013) (standard of review; statutory mandatory-minimum
sentence was shortest sentence possible absent government motion and was not
substantively unreasonable).
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’s
motion and affirm.
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The Honorable Stephen N. Limbaugh, Jr., United States District Judge for the1
Eastern District of Missouri.
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