United States v. Anthony Dixon , 678 F. App'x 453 ( 2017 )

United States Court of Appeals
For the Eighth Circuit
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No. 16-3303
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Anthony Lovon Dixon
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: February 21, 2017
Filed: February 27, 2017
[Unpublished]
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Before COLLOTON, ARNOLD, and KELLY, Circuit Judges.
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PER CURIAM.
Anthony Dixon appeals after he pleaded guilty to failing to register as a sex
offender and the district court1 sentenced him to 30 months in prison, a term within
1
The Honorable Roseann A. Ketchmark, United States District Judge for the
Western District of Missouri.
the calculated Guidelines range. His counsel has moved for leave to withdraw, and
has filed a brief under Anders v. California, 386 U.S. 738 (1967). We remind counsel
of their obligation in filing an Anders brief. Such a brief must be done as an advocate
for the appellant, not the government, and should refer to anything in the record that
might arguably support the appeal. See Evans v. Clarke, 868 F.2d 267, 268 (8th Cir.
1989). Nonetheless, we read counsel’s brief as questioning the reasonableness of
Dixon’s prison term. Dixon has not filed a supplemental brief.
Upon careful review, we conclude that the district court did not commit any
significant procedural errors or impose a substantively unreasonable sentence. See
United States v. David, 682 F.3d 1074, 1076-77 (8th Cir. 2012) (discussing appellate
review of sentencing decisions); see also United States v. Callaway, 762 F.3d 754,
760 (8th Cir. 2014) (on appeal, within-Guidelines-range sentence may be presumed
reasonable). In addition, we have independently reviewed the record under Penson
v. Ohio, 488 U.S. 75 (1988), and have found no nonfrivolous issues for appeal.
Accordingly, we grant counsel’s motion to withdraw, and we affirm.
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