USA v. Carl Whipple, No. 05-3854 (8th Cir. 2006)
Annotate this CaseCourt Description: Criminal case - Sentencing. A downward variance of 18% from the bottom of the advisory Guidelines range of 292-365 was not unreasonable, and the district court did not err in denying defendant's request for a further reduction based on his age and physical condition.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-3854 ___________ United States of America, Appellee, v. Carl Thomas Whipple, Appellant. * * * * Appeal from the United States * District Court for the * Eastern District of Missouri. * * [UNPUBLISHED] * ___________ Submitted: September 19, 2006 Filed: September 25, 2006 ___________ Before ARNOLD, BOWMAN, and RILEY, Circuit Judges. ___________ PER CURIAM. Carl Thomas Whipple appeals the 240-month sentence the district court1 imposed following this court s remand for resentencing under United States v. Booker, 543 U.S. 220 (2005). Counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing the district court should have further reduced Mr. Whipple s sentence because of his age and deteriorating physical condition. We find the 18% downward variance from the bottom of the advisory Guidelines range of 292-365 months was not unreasonable. See United States v. 1 The Honorable Charles A. Shaw, United States District Judge for the Eastern District of Missouri. Bryant, 446 F.3d 1317, 1319 (8th Cir. 2006) (when there is no dispute about applicable Guidelines range, appeals court considers whether sentence imposed is reasonable in light of 18 U.S.C. ยง 3553(a) factors). After our review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), we find no nonfrivolous issues. Accordingly, we grant counsel s motion to withdraw, and we affirm the sentence. ______________________________ -2-
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