United States v. Frank Wilks, No. 12-2424 (8th Cir. 2014)
Annotate this CaseCourt Description: Criminal case - Criminal law. Remanded to the district court for further consideration in light of this court's en banc opinion in No. 11-2444 United States v. Tucker, 740 F.3d 1177 (8th Cir. 2014).
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-2424 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Frank Wilks lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: April 2, 2014 Filed: May 9, 2014 [Unpublished] ____________ Before LOKEN, MELLOY, and BENTON, Circuit Judges. ____________ PER CURIAM. Frank Wilks appeals the sentence imposed on him after pleading guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Counsel has moved to withdraw, filing a brief under Anders v. California, 386 U.S. 738 (1967). Counsel argues that the district court erred in determining that Wilks s 1993 Missouri escape-from-custody conviction was a violent felony for section 924(e) purposes. Wilks also alleges that the court failed to explain how it applied the 18 U.S.C. § 3553(a) factors in determining the sentence and did not give adequate weight to Wilks s physical and mental health problems. Counsel s motion to withdraw is denied. The case is remanded for further consideration in light of United States v. Tucker, 740 F.3d 1177 (8th Cir. 2014) (en banc). ______________________________ -2-
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