United States v. Matthew Cunningham

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 09-2636
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Western District of Missouri.
Matthew M. Cunningham, *
* [UNPUBLISHED]
Appellant. *
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Submitted: February 18, 2010
Filed: February 25, 2010
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Before MELLOY, BOWMAN, and SMITH, Circuit Judges.
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PER CURIAM.
After Matthew Cunningham pleaded guilty to distributing child pornography,
in violation of 18 U.S.C. § 2252(a)(2), the district court1 sentenced him to 120 months
in prison and 8 years of supervised release. Counsel has moved to withdraw and has
filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the
sentence is unreasonable.
1
The Honorable Dean Whipple, United States District Judge for the Western
District of Missouri.
The sentence, which represents a substantial downward variance from the
advisory Guidelines range of 188-235 months, is not unreasonable, see United States
v. Lazarski, 560 F.3d 731, 733 (8th Cir. 2009); and having reviewed the record under
Penson v. Ohio, 488 U.S. 75 (1988), we have found no nonfrivolous issues.
Accordingly, we affirm, and we grant counsel’s motion to withdraw.
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