United States Court of Appeals

For the Eighth Circuit

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No. 22-1727

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United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Terrance Golden

lllllllllllllllllllllDefendant - Appellant

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Appeal from United States District Court

for the Northern District of Iowa - Eastern

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 Submitted: November 28, 2022

Filed: December 7, 2022

[Unpublished]

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Before BENTON, ERICKSON, and KOBES, Circuit Judges.

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PER CURIAM.

Terrance Golden appeals after a jury found him guilty of drug and firearm

offenses, and the district court1

imposed a sentence of 262 months in prison. His

1The Honorable C.J. Williams, United States District Judge for the Northern

District of Iowa.
counsel has moved to withdraw and has filed a brief under Anders v. California, 386

U.S. 738 (1967), challenging the sufficiency of the evidence and the reasonableness

of the sentence. 

We conclude that the evidence wassufficient to convict Golden of both counts. 

See United States v. Birdine, 515 F.3d 842, 844 (8th Cir. 2008) (sufficiency of

evidence to support conviction is reviewed de novo, viewing evidence in light most

favorable to jury verdict). As to the conviction for possessing a firearm as a felon,

while counsel argues that no witness had observed Golden carrying a firearm, the

evidence showed constructive possession. Specifically, the firearmwas hidden in the

bathroom ceiling of his hotel room, which he--unlike his roommate--was tall enough

to reach; and the holster was found in a basket containing his clothing and a vehicle

title with his alias. See United States v. Piwowar, 492 F.3d 953, 955 (8th Cir. 2007)

(constructive possession of firearm is established if possessor had control over place

where firearm was located, or control, ownership, or dominion over firearm itself).

Asto the drug conviction, while counsel arguesthat the evidence did notshow

intent to distribute, we conclude that it wassufficient. Specifically, Golden possessed

4.94 grams of crack cocaine in 23 baggies, approximately $1,800 in cash, multiple

baggies containing cocaine residue with the corners torn off, and a digital scale that

tested positive for cocaine residue hidden next to the pistol; and his cell phone

contained text messages that were consistent with distribution. See United States v.

Thompson, 686 F.3d 575, 580, 585 (8th Cir. 2012) (intent to distribute may be

inferred from such things as possession of large quantity of controlled substance,

presence of paraphernalia used to aid in distribution of drugs, large sums of

unexplained cash, presence of firearms, baggies with corners torn off in box where

officers found cocaine).

We conclude that Golden waived any challenge to the reasonableness of the

sentence, as he received the sentence his counsel specifically requested. See United

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States v. Thompson, 289 F.3d 524, 526 (8th Cir. 2002) (defendant may not complain

when district court gave him exactly what his counsel requested--sentence at low end

of Guidelines range).

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, and we grant counsel’s motion to withdraw.

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