United States of America v. David Roy Bolinger

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 23-3043
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
David Roy Bolinger
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Southern District of Iowa - Eastern
____________
Submitted: October 1, 2024
Filed: October 4, 2024
[Unpublished]
____________
Before LOKEN, GRUENDER, and SHEPHERD, Circuit Judges.
____________
PER CURIAM.
David Bolinger appeals after he pleaded guilty to conspiracy to distribute at
least 50 grams of methamphetamine, and the district court1 sentenced him to the
1The Honorable Stephen H. Locher, United States District Judge for the
Southern District of Iowa.

-- 1 of 2 --

statutory minimum of 120 months in prison. His counsel has moved for leave to
withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967).
Bolinger’s challenge to his sentence is unavailing, as he received the statutory
minimum sentence. See 21 U.S.C. § 841(b)(1)(A)(viii) (providing for a 10-year
mandatory minimum for an offense involving at least 50 grams of methamphetamine).
The district court had no discretion to impose a lower sentence in the absence of
eligibility for safety-valve relief under 18 U.S.C. § 3553(f), or the government filing
a motion under 18 U.S.C. § 3553(e). See United States v. Chacon, 330 F.3d 1065,
1066 (8th Cir. 2003).
We have independently reviewed the record under Penson v. Ohio, 488 U.S.
75 (1988), and have found no non-frivolous issues for appeal. Accordingly, we
affirm, and we grant counsel leave to withdraw.
______________________________
-2-

-- 2 of 2 --