U.S. Court of Appeals for the Eighth Circuit, 2005

United States v. Anthony L. Clemmons

United States v. Anthony L. Clemmons
U.S. Court of Appeals for the Eighth Circuit · Decided May 26, 2005 · Wollman, Murphy, Benton
132 F. App'x 107

United States v. Anthony L. Clemmons

Opinion

PER CURIAM.

Anthony Clemmons challenges the sentence imposed by the district court 1 upon his guilty plea to a felon-in-possession charge. His counsel has filed a brief and moved to withdraw pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). For reversal, counsel argues that Clemmons’s criminal history was improperly calculated, because three of his prior sentences should have been considered related. However, these sentences were separated by intervening arrests, and thus were properly deemed to be unrelated for purposes of Clemmons’s criminal history score. See U.S.S.G. § 4A1.2. Having reviewed the record independently pursuant to Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we have found no nonfrivolous issues. Accordingly, we affirm, and we grant counsel’s motion to withdraw.

1

. The Honorable Howard F. Sachs, United States District Judge for the Western District of Missouri.

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