USA V. EDDY BULLCALF, No. 16-30275 (9th Cir. 2017)

Annotate this Case

Download PDF

FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS NOV 14 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 16-30275 D.C. No. 4:12-cr-00036-BMM-1 v. EDDY DEAN BULLCALF, MEMORANDUM* Defendant-Appellant. Appeal from the United States District Court for the District of Montana Brian M. Morris, District Judge, Presiding Submitted November 14, 2017** Before: FARRIS, CANBY, and SILVERMAN, Circuit Judges. Eddy Dean Bullcalf appeals the 324-month sentence imposed upon resentencing for two counts of aggravated sexual abuse, in violation of 18 U.S.C. §§ 1153(a) and 2241(c), and one count of abusive sexual contact with a child under the age of 12, in violation of 18 U.S.C. §§ 1153(a) and 2244(a)(1). Pursuant to * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Anders v. California, 386 U.S. 738 (1967), Bullcalf’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. No pro se supplemental brief or answering brief has been filed. We find not arguable issues among those noted in the Anders brief: the district court did not miscalculate or misapply the Guideline range; the evidence does not show that the criminal activity wholly preceded the adoption of the sentencing enhancement of U.S.S.G. § 5B1.5(b)(1); the sentence at the bottom of the Guideline range is not unreasonable. In addition, our independent review of the full record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no arguable grounds for relief. Counsel’s motion to withdraw is GRANTED. AFFIRMED. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.