United States v. Eddy Bullcalf

U.S. Court of Appeals for the Ninth Circuit
United States v. Eddy Bullcalf, 702 F. App'x 605 (9th Cir. 2017)

United States v. Eddy Bullcalf

Opinion

MEMORANDUM **

Eddy Dean Bullcalf appeals the 324-month sentence imposed upon re-sentencing for two counts of aggravated sexual abuse, in violation of 18 U.S.C. §§ 1153(a) and 2241(c), and one count of abusive sexual contact with a child under the age of 12, in violation of 18 U.S.C. §§ 1153(a) and 2244(a)(1). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Bullcalfs counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. No pro se supplemental brief or answering brief has been filed.

We find not arguable issues among those noted in the Anders brief: the district court did not miscalculate or misapply the Guideline range; the evidence does not show that the criminal activity wholly preceded. the adoption of the sentencing enhancement of U.S.S.G. § 5B1.5(b)(l); the sentence at the bottom of the Guideline range is not unreasonable. In addition, our independent review of the full record pursuant to Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief.

Counsel’s motion to withdraw is GRANTED.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Eddy Dean BULLCALF, Defendant-Appellant
Status
Unpublished