U.S. Court of Appeals for the Eighth Circuit, 1996

United States v. Brian Keith Brodie

United States v. Brian Keith Brodie
U.S. Court of Appeals for the Eighth Circuit · Decided July 5, 1996

United States v. Brian Keith Brodie

Opinion

___________ No. 95-3957 ___________ United States of America, * * Appellee, * Appeal from the United States * District Court for the v. * Western District of Missouri. * Brian Keith Brodie, * [UNPUBLISHED] * Appellant. *

___________ Submitted: June 25, 1996 Filed: July 5, 1996 ___________ Before BEAM, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________ PER CURIAM.

Brian Keith Brodie pleaded guilty to being a felon in possession of ammunition, in violation of 18 U.S.C. § 924(a)(2), and the district court1 sentenced him to 37 months imprisonment and three years supervised release.

On appeal, counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), and Brodie has filed a supplemental brief. We affirm.

We reject the assertion that Brodie's sentence was excessive, as he was sentenced within the applicable Guidelines sentencing range. We find no error in the district court's calculation of Brodie's criminal history score. See U.S.S.G. § 4A1.1(c), (d); U.S.S.G. § 4A1.2(a)(3). Finally, we hold that the arguments that

The Honorable Dean Whipple, United States District Judge for the Western District of Missouri.

Brodie raises in his supplemental brief are meritless: he was convicted and sentenced only for being a felon in possession of ammunition, and not for being a felon in possession of a firearm.

After reviewing the record in accordance with Penson v. Ohio, 488 U.S. 75, 80 (1988), we have found no nonfrivolous issues.

The judgment is affirmed.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

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