United States v. Marcus Welton

NONPRECEDENTIAL DISPOSITION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 November 17, 2010*
Decided November 19, 2010
Before
FRANK H. EASTERBROOK, Chief Judge
WILLIAM J. BAUER, Circuit Judge
TERENCE T. EVANS, Circuit Judge
No. 10-2856
Appeal from the United
UNITED STATES OF AMERICA, States District Court for the
Plaintiff-Appellee, Western District of
Wisconsin.
v.
No. 08-CR-39-BBC-01
MARCUS L. WELTON, Barbara B. Crabb, Judge.
Defendant-Appellant.
Order
Our most recent decision in this criminal prosecution remanded to the district
court for reconsideration in light of United States v. Corner, 598 F.3d 411 (7th Cir. 2010)
(en banc).
On remand, the district judge reduced Welton’s sentence from 188 to 151
months’ imprisonment, adjusting for the crack-powder ratio in the Sentencing
* This successive appeal has been submitted to the original panel under Operating Procedure 6(b). After
examining the briefs and the record, we have concluded that oral argument is unnecessary. See Fed. R.
App. P. 34(a); Cir. R. 34(f).
No. 10-2856 Page 2
Guidelines. Welton has taken another appeal. His lawyer has filed an Anders brief,
observing that the district court carried out this court’s instructions and that the
reduced sentence cannot plausibly be contested as unreasonably high. Welton was
notified of counsel’s position but has not used his opportunity, see Circuit Rule 51, to
respond.
Counsel’s evaluation of the appeal is accurate. The only issue is how (if at all) to
adjust the sentence in light of the discretion recognized by Corner. The district judge
used that discretion, and an attack on the 151-month term would be frivolous.
Counsel’s motion to withdraw is granted, and the appeal is dismissed as frivolous.