United States v. Matthew Cunningham, No. 09-2636 (8th Cir. 2010)
Annotate this CaseCourt Description: Criminal case - Sentencing. Anders case. Sentence was not unreasonable.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-2636 ___________ United States of America, Appellee, v. Matthew M. Cunningham, Appellant. * * * * Appeal from the United States * District Court for the * Western District of Missouri. * * [UNPUBLISHED] * ___________ Submitted: February 18, 2010 Filed: February 25, 2010 ___________ Before MELLOY, BOWMAN, and SMITH, Circuit Judges. ___________ PER CURIAM. After Matthew Cunningham pleaded guilty to distributing child pornography, in violation of 18 U.S.C. ยง 2252(a)(2), the district court1 sentenced him to 120 months in prison and 8 years of supervised release. 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 Dean Whipple, United States District Judge for the Western District of Missouri. The sentence, which represents a substantial downward variance from the advisory Guidelines range of 188-235 months, is not unreasonable, see United States v. Lazarski, 560 F.3d 731, 733 (8th Cir. 2009); and having reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we have found no nonfrivolous issues. Accordingly, we affirm, and we grant counsel s motion to withdraw. ______________________________ -2-
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