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

United States v. Jerry W. West

United States v. Jerry W. West
U.S. Court of Appeals for the Eighth Circuit · Decided July 10, 2007 · Colloton, Beam, Benton
240 F. App'x 734

United States v. Jerry W. West

Opinion

PER CURIAM.

Jerry W. West appeals the sentence the district court 1 imposed after he pleaded guilty to receiving child pornography, in violation of 18 U.S.C. § 2252(a)(2) (Count 1) possessing child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B) (Count 2) and criminal forfeiture of two computers, pursuant to 18 U.S.C. § 2253 (Count 3). The district court sentenced West to concurrent prison terms of 180 months on Count 1 (the statutory minimum) and 120 months on Count 2, and concurrent supervised release terms of life. West’s counsel now moves to withdraw and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing West’s sentence on Count 1 is unreasonable under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). This argument is unavailing. See United States v. Gregg, 451 F.3d 930, 937 (8th Cir. 2006) (“Booker does not relate to statutorily-imposed sentences”).

After reviewing the record independently under Benson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we have found no nonfrivolous issues for appeal. Accordingly, we grant counsel’s motion to withdraw, and we affirm.

1

. The Honorable Nanette K. Laughrey, United States District Judge for the Western District of Missouri.

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