United States of America v. Jerome Hughes

24-1903Court of Appeals for the Eighth Circuit30 de jun. de 2025

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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 24-3452
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Jerome Hughes
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: May 30, 2025
Filed: June 4, 2025
[Unpublished]
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Before LOKEN, SHEPHERD, and KELLY, Circuit Judges.
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PER CURIAM.
Jerome Hughes appeals the sentence imposed by the district court1 after he
pleaded guilty to drug and firearm offenses. His counsel has moved for leave to
1The Honorable Matthew T. Schelp, United States District Judge for the
Eastern District of Missouri.

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withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967),
challenging a sentencing enhancement for maintaining a drug premises.
Upon careful review, we conclude that the district court correctly calculated
Hughes’s offense level, as the record supported the premises enhancement. See
United States v. Turner, 781 F.3d 374, 393 (8th Cir. 2015) (construction and
application of Guidelines are reviewed de novo; factual findings are reviewed for
clear error); United States v. Armstrong, 60 F.4th 1151, 1169 (8th Cir. 2023)
(premises enhancement applies to a defendant who knowingly maintains a premises
for the purpose of manufacturing or distributing a controlled substance, including
storage of a controlled substance for the purpose of distribution; although drug
manufacturing or distribution must be among the primary or principal uses for the
premises, they need not be the sole purposes for which the premises was maintained).
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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