NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted December 16, 2010
Decided December 16, 2010
Before
JOHN L. COFFEY, Circuit Judge
JOEL M. FLAUM, Circuit Judge
ANN CLAIRE WILLIAMS, Circuit Judge
No. 09‐2503
UNITED STATES OF AMERICA, Appeal from the United States District
Plaintiff‐Appellee, Court for the Eastern District of Wisconsin.
v. No. 08‐CR‐297
DURELL D. DILLON, William C. Griesbach,
Defendant‐Appellant. Judge.
O R D E R
Durell Dillon pleaded guilty to possession of more than five grams of crack cocaine
with intent to distribute and possession of a firearm in furtherance of a drug trafficking
offense. See
21 U.S.C. § 841(a)(1);
18 U.S.C. § 924(c)(1)(A)(i). The court sentenced him to
consecutive 5‐year terms of imprisonment, the mandatory minimum for each count, see
21
U.S.C. § 841(b)(1)(B)(iii);
18 U.S.C. § 924(c)(1)(A)(i), for a total of 10 years’ imprisonment,
and 5 years’ supervised release. Dillon filed a notice of appeal, but his appointed lawyer
seeks to withdraw because he cannot identify a nonfrivolous ground for appeal. See Anders
v. California,
386 U.S. 738 (1967). Dillon has not accepted our invitation to respond to
counsel’s motion. See CIR. R. 51(b). We confine our review to the potential issues identified
in counsel’s facially adequate brief. See United States v. Garcia,
580 F.3d 528, 543 (7th Cir.
2009).
No. 09‐2503 Page 2
Dillon has not expressed a desire to withdraw his guilty pleas, so counsel properly
omits any discussion of the adequacy of the plea colloquy or the voluntariness of the pleas.
See United States v. Knox,
287 F.3d 667, 670‐72 (7th Cir. 2002).
Counsel considers whether Dillon could challenge the reasonableness of his
sentence. At sentencing Dillon conceded that the guidelines imprisonment range of 57 to
71 months was correctly calculated. The mandatory minimum sentence for each charge is 5
years, and
18 U.S.C. § 924(c)(1)(A) mandates consecutive sentences. The district court
applied the factors in
18 U.S.C. § 3553(a) and sentenced Dillon to the mandatory minimum
of 10 years’ imprisonment for the two charges. Since the court could not sentence Dillon
below the mandatory minimum, see, e.g., United States v. Cunningham,
554 F.3d 703, 708 (7th
Cir. 2009), counsel is correct that any challenge to the reasonableness of the sentence would
be frivolous.
Counsel’s motion to withdraw is GRANTED, and the appeal is DISMISSED.
