United States v. Chucky L. Wanton

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 06-3502
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Western District of Arkansas.
Chucky L. Wanton, *
* [UNPUBLISHED]
Appellant. *
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Submitted: September 27, 2007
Filed: October 18, 2007
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Before BYE, RILEY, and MELLOY, Circuit Judges.
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PER CURIAM.
Chucky L. Wanton appeals the 135-month prison sentence the district court1
imposed after he pleaded guilty to distributing more than 50 grams of crack cocaine
in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(iii). In a brief filed under Anders
v. California, 386 U.S. 738 (1967), Wanton’s counsel seeks to withdraw and questions
the sentence’s reasonableness.
1
The Honorable Robert T. Dawson, United States District Judge for the Western
District of Arkansas.
We conclude that Wanton’s sentence--at the bottom of the applicable
Guidelines range, and imposed following proper consideration of the 18 U.S.C.
§ 3553(a) factors--is not unreasonable. See Rita v. United States, 127 S. Ct. 2456,
2467-68 (2007) (allowing appellate presumption of reasonableness for sentences
within Guidelines range); United States v. Booker, 543 U.S. 220, 261 (2005)
(appellate courts review sentences for unreasonableness using § 3553(a) as guide).
After reviewing the record independently under Penson v. Ohio, 488 U.S. 75, 80
(1988), we find no nonfrivolous issues.
Accordingly, we grant counsel leave to withdraw, and we affirm.
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