United States v. Scott W. Graning , 115 F. App'x 320 ( 2004 )


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  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 04-1411
    ___________
    United States of America,                *
    *
    Appellee,                   *
    * Appeal from the United States
    v.                                 * District Court for the
    * District of Nebraska
    Scott W. Graning,                        *
    * [Unpublished]
    Appellant.                  *
    ___________
    Submitted: November 26, 2004
    Filed: December 14, 2004
    ___________
    Before RILEY, McMILLIAN, and GRUENDER, Circuit Judges.
    ___________
    PER CURIAM.
    Scott Graning appeals from the final judgment entered in the District Court1 for
    the District of Nebraska upon his guilty plea, pursuant to a written plea agreement,
    to being a felon in possession of a firearm in violation of 
    18 U.S.C. §§ 922
    (g) and
    924(a)(2). The district court sentenced Graning to 57 months imprisonment and 3
    years supervised release. On appeal, his counsel has moved to withdraw and filed a
    brief under Anders v. California, 
    386 U.S. 738
     (1967).
    1
    The Honorable Richard G. Kopf, Chief Judge, United States District Court for
    the District of Nebraska.
    Construing the Anders brief as challenging the length of the sentence, we find
    no error. Graning’s sentence falls within § 924(a)(2)’s 10-year maximum and is at
    the bottom of the applicable Guidelines range of 57-71 months. See 
    18 U.S.C. § 3742
    (a); United States v. Smotherman, 
    326 F.3d 988
    , 989 (8th Cir.) (per curiam),
    cert. denied, 
    540 U.S. 912
     (2003). Having found no nonfrivolous issues after
    reviewing the record independently under Penson v. Ohio, 
    488 U.S. 75
     (1988), we
    affirm. We also grant counsel’s motion to withdraw.
    ______________________________
    -2-
    

Document Info

Docket Number: 04-1411

Citation Numbers: 115 F. App'x 320

Judges: Riley, McMillian, Gruender

Filed Date: 12/14/2004

Precedential Status: Non-Precedential

Modified Date: 11/5/2024