United States of America v. Johntario Jovonta Holmes

United States Court of Appeals
For the Eighth Circuit
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No. 23-2920
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United States of America
Plaintiff - Appellee
v.
Johntario Jovonta Holmes
Defendant - Appellant
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Appeal from United States District Court
for the Western District of Arkansas - El Dorado
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Submitted: March 7, 2024
Filed: March 14, 2024
[Unpublished]
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Before LOKEN, BENTON, and ERICKSON, Circuit Judges.
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PER CURIAM.
Johntario Holmes appeals after pleading guilty to a firearm offense. The
district court1 sentenced him to 60 months in prison. His counsel moved for leave
to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967),
1 The Honorable Susan. O. Hickey, Chief Judge, United States District Court
for the Western District of Arkansas.

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arguing that the district court erred by denying his motion to suppress. Having
jurisdiction under 28 U.S.C. § 1291, this court affirms.
Upon careful review, this court concludes that the district court did not err in
denying Holmes’s motion to suppress. See United States v. Holly, 983 F.3d 361,
363 (8th Cir. 2020) (reviewing the denial of a motion to suppress, this court reviews
findings of fact for clear error and legal conclusions de novo). The traffic stop was
not unlawfully extended. See United States v. Jones, 269 F.3d 919, 924 (8th Cir.
2001) (police officer, incident to investigating a lawful traffic stop, may request the
driver’s license and registration, request that the driver step out of the vehicle,
request that the driver wait in the patrol car, and conduct routine inquiries). Holmes
lacked a reasonable expectation of privacy in his vehicle after fleeing it. See United
States v. Smith, 648 F.3d 654, 660 (8th Cir. 2011) (no expectation of privacy in
vehicle defendant abandoned to flee from police).
This court has also independently reviewed the record under Penson v. Ohio,
488 U.S. 75 (1988), and has found no non-frivolous issues for appeal. The judgment
is affirmed and counsel’s motion to withdraw is granted.
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