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United States v. Baylor

United States Court of Appeals For the Eighth Circuit
Oct 16, 2017
No. 16-4546 (8th Cir. Oct. 16, 2017)

Opinion

No. 16-4546

10-16-2017

United States of America Plaintiff - Appellee v. Herman Terrill Baylor Defendant - Appellant


Appeal from United States District Court for the Southern District of Iowa - Davenport [Unpublished] Before WOLLMAN, BOWMAN, and COLLOTON, Circuit Judges. PER CURIAM.

Herman Baylor appeals after he pleaded guilty to a felon-in-possession offense and the District Court sentenced him below the advisory United States Sentencing Guidelines range. His counsel has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), arguing that the District Court applied an incorrect base offense level in its Guidelines calculations, improperly applied obstruction-of-justice and acceptance-of-responsibility adjustments, and imposed a substantively unreasonable sentence.

The Honorable Stephanie M. Rose, United States District Judge for the Southern District of Iowa. --------

We conclude that any error by the District Court in determining Baylor's base offense level was harmless in light of that court's statements at sentencing. See United States v. Henson, 550 F.3d 739, 741 (8th Cir. 2008) (noting that procedural errors in determining an advisory Guidelines sentencing range are subject to harmless-error analysis and "that a significant procedural error can be harmless"), cert. denied, 556 U.S. 1270 (2009). We further conclude that the District Court did not err in applying the challenged adjustments, see United States v. Calderon-Avila, 322 F.3d 505, 507 (8th Cir. 2003) (per curiam) (standards of review), and did not impose a substantively unreasonable sentence, see Gall v. United States, 552 U.S. 38, 51 (2007) (discussing substantive reasonableness).

We have independently reviewed the record in accordance with Penson v. Ohio, 488 U.S. 75 (1988), and we find no nonfrivolous issues for appeal. We affirm Baylor's sentence and grant counsel's motion to withdraw.


Summaries of

United States v. Baylor

United States Court of Appeals For the Eighth Circuit
Oct 16, 2017
No. 16-4546 (8th Cir. Oct. 16, 2017)
Case details for

United States v. Baylor

Case Details

Full title:United States of America Plaintiff - Appellee v. Herman Terrill Baylor…

Court:United States Court of Appeals For the Eighth Circuit

Date published: Oct 16, 2017

Citations

No. 16-4546 (8th Cir. Oct. 16, 2017)