United States v. Michael D. Simmons , 32 F. App'x 184 ( 2002 )


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  •                     United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 01-3357
    ___________
    United States of America,               *
    *
    Appellee,                   *
    * Appeal from the United States
    v.                                * District Court for the
    * Western District of Missouri.
    Michael D. Simmons,                     *
    *      [UNPUBLISHED]
    Appellant.                  *
    ___________
    Submitted: April 3, 2002
    Filed: April 8, 2002
    ___________
    Before BOWMAN, MORRIS SHEPPARD ARNOLD, and RILEY, Circuit Judges.
    ___________
    PER CURIAM.
    Michael D. Simmons pleaded guilty to being a felon in possession of a firearm,
    see 18 U.S.C. §§ 922(g)(1), 924(a)(2) (1994). The District Court1 sentenced him to
    twenty-seven months of imprisonment and three years of supervised release. On
    appeal, counsel has moved to withdraw under Anders v. California, 
    386 U.S. 738
    (1967), and has filed a brief arguing that the District Court should have granted a
    downward departure under § 5H1.4 of the United States Sentencing Guidelines
    because of Simmons’s artificial leg.
    1
    The Honorable Nanette K. Laughrey, United States District Judge for the
    Western District of Missouri.
    We conclude that the District Court did not plainly err by not departing
    downward sua sponte. Counsel acknowledged at sentencing that Simmons did not
    qualify for departure, and Simmons received the sentence he requested. See United
    States v. Carrasco, 
    271 F.3d 765
    , 767-68 (8th Cir. 2001); United States v. Murphy,
    
    248 F.3d 777
    , 779-80 (8th Cir. 2001).
    Accordingly, we affirm the judgment, grant counsel’s motion to withdraw, and
    deny all other pending motions.
    A true copy.
    Attest:
    CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
    -2-
    

Document Info

Docket Number: 01-3357

Citation Numbers: 32 F. App'x 184

Judges: Bowman, Arnold, Riley

Filed Date: 4/8/2002

Precedential Status: Non-Precedential

Modified Date: 11/5/2024