From Casetext: Smarter Legal Research

U.S. v. Jackson

United States Court of Appeals, Eighth Circuit
Sep 10, 2007
248 F. App'x 765 (8th Cir. 2007)

Opinion

No. 06-2863.

Submitted: September 5, 2007.

Filed: September 10, 2007.

Appeal from the United States District Court for the Western District of Missouri.

Larry C. Pace, Asst. Fed. Public Defender, Kansas City, MO (Raymond C. Conrad, Jr., Fed. Public Defender, on the brief), for appellant.

Kathleen D. Mahoney, Asst. U.S. Atty., Kansas City, MO, for appellee.

Before WOLLMAN, COLLOTON, and BENTON, Circuit Judges.


[UNPUBLISHED]


Randolph D. Jackson appeals the 188-month prison sentence the district court imposed after he pleaded guilty to aiding and abetting the possession of PCP with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B), and 18 U.S.C. § 2. Jackson's counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the sentence is unreasonable.

The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri.

We disagree. The district court considered Jackson's advisory Guidelines imprisonment range (188-235 months as a career offender) along with other relevant 18 U.S.C. § 3553(a) factors, and we find no abuse of discretion in the court's sentence determination. See United States v. Booker, 543 U.S. 220, 258-62, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005) (§ 3553(a) factors will guide reasonableness review); United States v. Haack, 403 F.3d 997, 1003-04 (8th Cir. 2005) (defining ways in which abuse of discretion may occur).

Having reviewed the record independently under Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we have found no nonfrivolous issues for appeal. Accordingly, we affirm, and we grant counsel's motion to withdraw.


Summaries of

U.S. v. Jackson

United States Court of Appeals, Eighth Circuit
Sep 10, 2007
248 F. App'x 765 (8th Cir. 2007)
Case details for

U.S. v. Jackson

Case Details

Full title:UNITED STATES of America, Appellee, v. Randolph D. JACKSON, Appellant

Court:United States Court of Appeals, Eighth Circuit

Date published: Sep 10, 2007

Citations

248 F. App'x 765 (8th Cir. 2007)