United States v. Randolph D. Jackson, No. 06-2863 (8th Cir. 2007)
Annotate this CaseCourt Description: Criminal case - Sentencing. Sentence was not unreasonable.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 06-2863 ___________ United States of America, Appellee, v. Randolph D. Jackson, Appellant. * * * * Appeal from the United States * District Court for the * Western District of Missouri. * * [UNPUBLISHED] * ___________ Submitted: September 5, 2007 Filed: September 10, 2007 ___________ Before WOLLMAN, COLLOTON, and BENTON, Circuit Judges. ___________ PER CURIAM. Randolph D. Jackson appeals the 188-month prison sentence the district court1 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 (1967), arguing that the sentence is unreasonable. 1 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 (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 (1988), we have found no nonfrivolous issues for appeal. Accordingly, we affirm, and we grant counsel s motion to withdraw. ______________________________ -2-
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