United States v. Tommie Webb

Eighth Circuit

United States v. Tommie Webb

67 F. App'x 386

CourtCourt of Appeals for the Eighth Circuit

DecidedJuly 1, 2003

Docket02-3611

StatusUnpublished

This text of 67 F. App'x 386 (United States v. Tommie Webb) 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.

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United States v. Tommie Webb, 67 F. App'x 386 (8th Cir. 2003).

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Opinion

PER CURIAM.

A jury convicted Tommie Webb of possessing with intent to distribute more than 5 grams of a mixture or substance containing cocaine base, in violation of 21 U.S.C. § 841(a)(1) (count 1); carrying or possessing a firearm in furtherance of the drug trafficking alleged in count 1, in violation of 18 U.S.C. § 924(c) (count 2); and being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g) (count 3). The district court 1 imposed concurrent sentences of 262 and 120 months of imprisonment on counts 1 and 3 respectively, and a consecutive sentence of 60 months of imprisonment on count 2. The court ordered that the sentences be followed by concurrent periods of 5 years of supervised release on count 1, and 3 years on counts 2 and 3. Webb appeals, and his counsel has moved to withdraw. In a brief filed under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), counsel argues that Webb’s sentence violates the Eighth Amendment’s proscription against cruel and unusual punishment. Webb has not filed a pro se supplemental brief.

We reject counsel’s argument and conclude that Webb’s sentence, required by the Guidelines and section 924(c)’s mandatory 5-year consecutive sentence, does not violate the Eighth Amendment. See 18 U.S.C. § 924(c); United States v. Farmer, 73 F.3d 836, 840 (8th Cir.), cert, denied, 518 U.S. 1028, 116 S.Ct. 2570, 135 L.Ed.2d 1086 (1996); United States v. Knight, 96 F.3d 307, 311 (8th Cir.1996), cert, denied, 520 U.S. 1180, 117 S.Ct. 1458, 137 L.Ed.2d 562 (1997). Further, having reviewed the record under Penson v. Ohio, 488 U.S. 75, 88, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues.

Accordingly, counsel’s motion to withdraw is granted, and the judgment is affirmed.

A true copy.

1

. The Honorable Jean C. Hamilton, United States District Judge for the Eastern District of Missouri.

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PER CURIAM.

A jury convicted Tommie Webb of possessing with intent to distribute more than 5 grams of a mixture or substance containing cocaine base, in violation of 21 U.S.C. § 841(a)(1) (count 1); carrying or possessing a firearm in furtherance of the drug trafficking alleged in count 1, in violation of 18 U.S.C. § 924(c) (count 2); and being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g) (count 3). The district court 1 imposed concurrent sentences of 262 and 120 months of imprisonment on counts 1 and 3 respectively, and a consecutive sentence of 60 months of imprisonment on count 2. The court ordered that the sentences be followed by concurrent periods of 5 years of supervised release on count 1, and 3 years on counts 2 and 3. Webb appeals, and his counsel has moved to withdraw. In a brief filed under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), counsel argues that Webb’s sentence violates the Eighth Amendment’s proscription against cruel and unusual punishment. Webb has not filed a pro se supplemental brief.

We reject counsel’s argument and conclude that Webb’s sentence, required by the Guidelines and section 924(c)’s mandatory 5-year consecutive sentence, does not violate the Eighth Amendment. See 18 U.S.C. § 924(c); United States v. Farmer, 73 F.3d 836, 840 (8th Cir.), cert, denied, 518 U.S. 1028, 116 S.Ct. 2570, 135 L.Ed.2d 1086 (1996); United States v. Knight, 96 F.3d 307, 311 (8th Cir.1996), cert, denied, 520 U.S. 1180, 117 S.Ct. 1458, 137 L.Ed.2d 562 (1997). Further, having reviewed the record under Penson v. Ohio, 488 U.S. 75, 88, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues.

Accordingly, counsel’s motion to withdraw is granted, and the judgment is affirmed.

A true copy.

1

. The Honorable Jean C. Hamilton, United States District Judge for the Eastern District of Missouri.

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