U.S. Court of Appeals for the Eighth Circuit, 2007

United States v. Billy Holbert

United States v. Billy Holbert
U.S. Court of Appeals for the Eighth Circuit · Decided April 25, 2007

United States v. Billy Holbert

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 07-1325 ___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas.

Billy S. Holbert, * * [UNPUBLISHED] Appellant. * ___________ Submitted: April 20, 2007 Filed: April 25, 2007 ___________ Before SMITH, GRUENDER, and SHEPHERD, Circuit Judges. ___________ PER CURIAM.

In this appeal from the district court’s1 revocation of Billy S. Holbert’s supervised release, his counsel has filed a brief under Anders v. California, 386 U.S. 738 (1967), and has moved to withdraw, suggesting that there are no non-frivolous issues. After reviewing the record independently pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we order the judgment amended as follows: Holbert’s revocation prison sentence remains 1 year and 1 day, but his ensuing term of supervised release

The Honorable James M. Moody, United States District Judge for the Eastern District of Arkansas. will be 23 months minus 1 day. See 18 U.S.C. § 3583(h). In all other respects, we affirm the judgment of the district court. We grant counsel’s withdrawal motion. ______________________________

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