USA v. William Hansen, No. 06-3092 (8th Cir. 2007)
Annotate this CaseCourt Description: Criminal case - Sentencing. Booker does not apply to statutorily- imposed sentences, and defendant's argument that his statutory mandatory minimum sentence was unreasonable must be rejected.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 06-3092 ___________ United States of America, Appellee, v. William Hansen, Appellant. * * * * Appeal from the United States * District Court for the * District of Nebraska. * * [UNPUBLISHED] * ___________ Submitted: August 24, 2007 Filed: September 14, 2007 ___________ Before BYE, RILEY, and MELLOY, Circuit Judges. ___________ PER CURIAM. William Hansen (Hansen) appeals the 120-month statutory mandatory minimum prison sentence the district court1 imposed upon his guilty plea to conspiring to distribute and possess with intent to distribute at least 500 grams of a mixture or substance containing methamphetamine, in violation of 21 U.S.C. ยงยง 841(a)(1), (b)(1) and 846. Hansen s counsel moves to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing Hansen s sentence is unreasonable under United States v. Booker, 543 U.S. 220 (2005). This argument is 1 The Honorable Joseph F. Bataillon, Chief Judge, United States District Court for the District of Nebraska. unavailing. See United States v. Gregg, 451 F.3d 930, 937 (8th Cir. 2006) (stating Booker does not relate to statutorily-imposed sentences ). After reviewing the record independently under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal. We grant counsel s motion to withdraw, and we affirm. ______________________________ -2-
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