United States v. Justin Harris

90 F. App'x 197

• Court: Court of Appeals for the Eighth Circuit
• Decided: March 25, 2004
• Docket: 03-3473
• Status: Unpublished

Opinion

COLLOTON, Circuit Judge.

Justin Harris pleaded guilty to possession of a firearm as an unlawful user of controlled substances, in violation of 18 U.S.C. §§ 922(g)(3) and 924(a)(2), and the district court 1 sentenced him to 14 months imprisonment and 2 years supervised release. On appeal, counsel has moved to withdraw under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and has filed a brief in which he raises the validity of Harris’s guilty plea and the length of Harris’s sentence.

We find no merit in the issues raised in counsel’s brief. Based on our review of the record, we conclude that the district court complied with Federal Rule of Criminal Procedure 11 in taking Harris’s guilty plea, and that the sentence imposed is not subject to review, because it is within a properly determined sentencing guideline range. See 18 U.S.C. § 3742; United States v. Smotherman, 326 F.3d 988, 989 (8th Cir.) (per curiam), cert. denied, — U.S. -, 124 S.Ct. 293, 157 L.Ed.2d 203 (2003).

Following our independent review, see Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfriv-olous issues. Accordingly, we affirm and we grant counsel’s motion to withdraw.

1 . The Honorable Linda R. Reade, United States District Judge for the Northern District of Iowa.