United States v. Harper

Eighth Circuit

United States v. Harper

133 F. App'x 352

CourtCourt of Appeals for the Eighth Circuit

DecidedJune 7, 2005

DocketNo. 04-2676

StatusPublished

This text of 133 F. App'x 352 (United States v. Harper) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Harper, 133 F. App'x 352 (8th Cir. 2005).

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Opinion

PER CURIAM.

Christopher Harper appeals the judgment the district court¹ entered after he pleaded guilty to being a felon in possession of firearms in violation of 18 U.S.C. § 922(g)(1). 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), arguing that the 87-month sentence imposed was too harsh.

This argument, which we construe as an Eighth Amendment challenge, fails. Cf. United States v. Prior, 107 F.3d 654, 659-60 (8th Cir.) (finding no Eighth Amendment violation for defendant’s harsh life sentence following guilty plea to methamphetamine offense), cert. denied, 522 U.S. 824, 118 S.Ct. 84, 139 L.Ed.2d 41 (1997).

Having carefully reviewed the record under Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues.

Accordingly, we affirm, and we grant counsel’s motion to withdraw.

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PER CURIAM.

Christopher Harper appeals the judgment the district court¹ entered after he pleaded guilty to being a felon in possession of firearms in violation of 18 U.S.C. § 922(g)(1). 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), arguing that the 87-month sentence imposed was too harsh.

This argument, which we construe as an Eighth Amendment challenge, fails. Cf. United States v. Prior, 107 F.3d 654, 659-60 (8th Cir.) (finding no Eighth Amendment violation for defendant’s harsh life sentence following guilty plea to methamphetamine offense), cert. denied, 522 U.S. 824, 118 S.Ct. 84, 139 L.Ed.2d 41 (1997).

Having carefully reviewed the record under Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues.

Accordingly, we affirm, and we grant counsel’s motion to withdraw.

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Bluebook (online)

133 F. App'x 352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-harper-ca8-2005.

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