United States v. Scott W. Graning

U.S. Court of Appeals for the Eighth Circuit
United States v. Scott W. Graning, 115 F. App'x 320 (8th Cir. 2004)

United States v. Scott W. Graning

Opinion

PER CURIAM.

Scott Graning appeals from the final judgment entered in the District Court 1 for the District of Nebraska upon his guilty plea, pursuant to a written plea agreement, to being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g) and 924(a)(2). The district court sentenced Graning to 57 months imprisonment and 3 years supervised release. On appeal, his counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

*321 Construing the Anders brief as challenging the length of the sentence, we find no error. Graning’s sentence falls within § 924(a)(2)’s 10-year maximum and is at the bottom of the applicable Guidelines range of 57-71 months. See 18 U.S.C. § 3742(a); United States v. Smotherman, 326 F.3d 988, 989 (8th Cir.) (per curiam), cert. denied, 540 U.S. 912, 124 S.Ct. 293, 157 L.Ed.2d 203 (2003). Having found no nonfrivolous issues after reviewing the record independently under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we affirm. We also grant counsel’s motion to withdraw.

1

. The Honorable Richard G. Kopf, Chief Judge, United States District Court for the District of Nebraska.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Scott W. GRANING, Appellant
Status
Unpublished