United States v. Glover
Opinion of the Court
ORDER
Jimmy Glover, who is presently 38 years old, videotaped a girl engaging in sexually explicit conduct, sometimes with him, on at least six different occasions when she was between 13 and 16 years old. Glover gave the girl an intoxicant (known as “canned air” or “duster”), and in the videos she appears semi-conscious. Authorities eventually discovered and seized the videos, plus hundreds of computer files containing child pornography that Glover had downloaded from the Internet. He pleaded guilty without a plea agreement to four counts of sexually exploiting a minor, 18 U.S.C. § 2251(a), one count of receiving child pornography, id. § 2252(a)(2), and twenty counts of possessing child pornography, id. § 2252(a)(4)(B). The guidelines imprisonment range was life based on Glover’s total offense level of 44, and the district court sentenced him to a total of 30 years’ imprisonment. Glover filed a notice of appeal, but his appointed attorney has concluded that the case is frivolous and moves to withdraw under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Glover has not responded to counsel’s submission. See Cir. R. 51(b). We review only the potential issues identified in counsel’s facially adequate brief. See United States v. Schuh, 289 F.3d 968, 973-74 (7th Cir. 2002).
Counsel first questions whether Glover might challenge the voluntariness of his guilty pleas or the district court’s compliance with Federal Rule of Criminal Procedure 11. But counsel gives no indication that Glover wants his guilty pleas set aside, so this discussion should have been omitted. See United States v. Knox, 287 F.3d 667, 670-71 (7th Cir. 2002).
Counsel has identified only one other potential issue: whether Glover could challenge the reasonableness of his overall prison sentence. Although the guidelines manual does not attempt to define “life” imprisonment in terms of equivalent years or months (most federal criminal statutes do not authorize life imprisonment, as is true for the statutes Glover violated), the Sentencing Commission equates “life” with 470 months. U.S. Sentencing Comm’n, 2009 Sourcebook of Federal Sentencing Statistics app. A, at 158 (14th ed. 2009),
Accordingly, we GRANT counsel’s motion to withdraw and DISMISS the appeal.
Reference
- Full Case Name
- United States v. Jimmy B. GLOVER
- Cited By
- 2 cases
- Status
- Published