United States v. Andre Williamson

U.S. Court of Appeals for the Eighth Circuit
United States v. Andre Williamson, 109 F. App'x 843 (8th Cir. 2004)

United States v. Andre Williamson

Opinion

PER CURIAM.

After Andre Williamson pleaded guilty to fraud and related activity, he was sentenced to twelve months and one day of imprisonment and three years of supervised release. During his supervised release, the probation office filed a petition alleging Williamson had violated his supervised release terms by committing another crime. The district court * issued a warrant, and at the revocation hearing, Williamson stipulated to the conduct giving rise to the alleged violations-stealing a credit card and using it to purchase goods costing less than $500. The district court classified Williamson’s offense as a Class B supervised release violation under U.S.S.G. § 7Bl.l(a)(2) and sentenced him to twenty *844 months in prison. On appeal, counsel has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and Williamson has filed a supplemental brief.

Williamson and his counsel contend the district court mischaracterized the violation as Grade B, which applies to conduct constituting an offense punishable by a term of imprisonment greater than one year, rather than as Grade C, which applies to conduct constituting an offense punishable by a term of imprisonment of one year or less. See U.S.S.G. § 7Bl.l(a)(2)-(3). According to Williamson, his conduct was punishable by less than a year in prison under Missouri law. We disagree. Under Mo.Rev.Stat. § 570.030.3(3)(c), stealing a credit card is a class C felony, and under Mo.Rev.Stat. § 558.011.1(3), the crime is punishable by up to seven years in prison. Thus, we conclude the district court properly determined the grade of Williamson’s supervised release violation, and did not abuse its discretion in sentencing him within the applicable guidelines range.

Having reviewed the record, we find no other nonfrivolous issues. See Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988). We thus affirm Williamson’s sentence and grant his counsel’s motion to withdraw.

*

The Honorable Rodney W. Sippel, United States District Judge for the Eastern District of Missouri.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Andre WILLIAMSON, Appellant
Status
Unpublished