United States of America v. Jesse Oziah

United States Court of Appeals
For the Eighth Circuit
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No. 14-2992
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Jesse Oziah
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Arkansas - Fayetteville
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Submitted: March 10, 2015
Filed: March 25, 2015
[Unpublished]
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Before BYE, COLLOTON, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Jesse Oziah directly appeals after he pled guilty to charges relating to
production of child pornography, and the district court sentenced him to a term of1
The Honorable Timothy L. Brooks, United States District Judge for the1
Western District of Arkansas.

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imprisonment below his calculated Guidelines range. His counsel has moved to
withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967),
suggesting the district court abused its discretion in sentencing Oziah.
We have carefully reviewed the district court’s sentencing decision and find
no abuse of discretion. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir.
2009) (en banc). Moreover, we have independently reviewed the record pursuant to
Penson v. Ohio, 488 U.S. 75 (1988), and conclude that there are no nonfrivolous
issues. As for counsel’s motion to withdraw, we conclude that allowing counsel to
withdraw at this time would not be consistent with the Eighth Circuit’s 1994
Amendment to Part V of the Plan to Implement The Criminal Justice Act of 1964.
We therefore deny counsel’s motion to withdraw as premature, without prejudice to
counsel refiling the motion upon fulfilling the duties set forth in the Amendment.
Judge Colloton would grant counsel’s motion to withdraw. See United States
v. Eredia, 578 Fed. Appx. 620, 621 (8th Cir. 2014) (Colloton, J., concurring in part
and dissenting in part).
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