Opinion
No. 06-1322.
Submitted: July 6, 2007.
Filed: July 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.
Cynthia L. Phillips, Asst. U.S. Atty., Kansas City, MO, for appellee.
Before COLLOTON, BEAM, and BENTON, Circuit Judges.
[UNPUBLISHED]
Jerry W. West appeals the sentence the district court imposed after he pleaded guilty to receiving child pornography, in violation of 18 U.S.C. § 2252(a)(2) (Count 1) possessing child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B) (Count 2) and criminal forfeiture of two computers, pursuant to 18 U.S.C. § 2253 (Count 3). The district court sentenced West to concurrent prison terms of 180 months on Count 1 (the statutory minimum) and 120 months on Count 2, and concurrent supervised release terms of life. West's counsel now moves 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 West's sentence on Count 1 is unreasonable under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). This argument is unavailing. See United States v. Gregg, 451 F.3d 930, 937 (8th Cir. 2006) (" Booker does not relate to statutorily-imposed sentences").
The Honorable Nanette K. Laughrey, United States District Judge for the Western District of Missouri.
After reviewing 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 grant counsel's motion to withdraw, and we affirm.