Opinion
No. 07-1325.
Submitted: April 20, 2007.
Filed: April 25, 2007.
Appeal from the United States District Court for the Eastern District of Arkansas.
Jana K. Harris, U.S. Attorney's Office, Little Rock, AR, for Appellee.
Jerome T. Kearney, Federal Public Defender's Office, Fayetteville, AR, for Appellant.
Billy S. Holbert, Pine Bluff, AR, pro se.
Before SMITH, GRUENDER, and SHEPHERD, Circuit Judges.
[UNPUBLISHED]
In this appeal from the district court's revocation of Billy S. Holbert's supervised release, his counsel has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and has moved to withdraw, suggesting that there are no non-frivolous issues. After reviewing the record independently pursuant to Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we order the judgment amended as follows: Holbert's revocation prison sentence remains 1 year and 1 day, but his ensuing term of supervised release will be 23 months minus 1 day. See 18 U.S.C. § 3583(h). In all other respects, we affirm the judgment of the district court. We grant counsel's withdrawal motion.
The Honorable James M. Moody, United States District Judge for the Eastern District of Arkansas.