Richard P. Landers v. Natl. RR Passenger

1 The Honorable Linda R. Reade, United States District Judge for the Northern
District of Iowa.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-1045
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the Northern
* District of Iowa.
David K. Feddersen, *
* [UNPUBLISHED]
Appellant. *
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Submitted: September 25, 2003
Filed: September 30, 2003
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Before RILEY, HANSEN, and SMITH, Circuit Judges.
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PER CURIAM.
David K. Feddersen challenges the sentence the district court 1 imposed after
he entered a plea under North Carolina v. Alford, 400 U.S. 25, 37 (1970), to
threatening to use anthrax to assault or kill federal employees, in violation of 18
U.S.C. § 115(a)(1)(B). At sentencing, the district court denied Feddersen an
acceptance-of-responsibility reduction and sentenced him to 36 months imprisonment
to be followed by one year supervised release.

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On appeal, counsel has filed a brief under Anders v. California, 386 U.S. 738
(1967), arguing that the district court erred in denying an acceptance-of-responsibility
reduction, given that the shortcomings in Feddersen’s guilty plea “reasonably
appeared to be a product of [his] mental illness.” After careful review of the record,
we find that the district court did not clearly err in denying the acceptance-of-
responsibility reduction. See United States v. Arellano, 291 F.3d 1032, 1034 (8th Cir.
2002) (standard of review).
Upon reviewing the record independently under Penson v. Ohio, 488 U.S. 75
(1988), we have found no non-frivolous issues. Accordingly, we affirm. We also
grant counsel’s motion to withdraw.
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