Opinion
24-1515
10-18-2024
United States of America Plaintiff - Appellee v. Tyrae Ronzell McDonald Defendant-Appellant
Unpublished
Submitted: October 15, 2024
Appeal from United States District Court for the Southern District of Iowa
Before GRUENDER, BENTON, and GRASZ, Circuit Judges.
PER CURIAM
Tyrae McDonald appeals the sentence the district court imposed after he pled guilty to a firearm charge. His counsel has moved for leave to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging an enhancement included in the calculation of the imprisonment range under the United States Sentencing Guidelines Manual.
The Honorable Rebecca Goodgame Ebinger, United States District Judge for the Southern District of Iowa.
Upon careful review, we conclude the district court did not err by imposing the enhancement based on grand jury testimony admitted at sentencing. See United States v. Still, 6 F.4th 812, 817-19 (8th Cir. 2021) (noting consideration of grand jury testimony at sentencing has been "repeatedly upheld" given its indicia of reliability); United States v. Asalati, 615 F.3d 1001, 1006 (8th Cir. 2010) (noting "credibility findings are 'virtually unreviewable on appeal'").
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 grant counsel's motion to withdraw and affirm.