United States v. Shawn M. Simmer , 81 F. App'x 625 ( 2003 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 03-2748
___________
United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the Western
v. * District of Missouri.
*
Shawn M. Simmer, * [UNPUBLISHED]
*
Appellant. *
___________
Submitted: November 21, 2003
Filed: December 1, 2003
___________
Before BYE, FAGG, and BOWMAN, Circuit Judges.
___________
PER CURIAM.
Shawn M. Simmer appeals the sentence the district court* imposed after
Simmer pleaded guilty to one count of bank robbery, in violation of 18 U.S.C. §
2113(a). Simmer's counsel has moved to withdraw and filed a brief under Anders v.
California, 386 U.S. 738 (1967), contesting a 3-level increase under U.S.S.G. §
2B3.1(b)(2)(E) for brandishing or possessing a dangerous weapon. The record shows
Simmer possessed a pellet gun or BB gun when he robbed the bank, and the teller
*
The Honorable Nanette K. Laughrey, United States District Judge for the
Western District of Missouri.
believed Simmer was carrying a gun; thus, we conclude the district court properly
applied the increase. See U.S.S.G. § 1B1.1, comment. (n.1(d)(ii)). Having
independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 80 (1988), we
find no nonfrivolous issues.
We affirm the district court and grant counsel's motion to withdraw.
______________________________
-2-