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U.S. v. Purnell

United States Court of Appeals, Eighth Circuit
Dec 9, 2010
403 F. App'x 125 (8th Cir. 2010)

Opinion

No. 10-2614.

Submitted: December 7, 2010.

Filed: December 9, 2010.

Appeal from the United States District Court for the Eastern District of Arkansas.

Before WOLLMAN, MELLOY, and GRUENDER, Circuit Judges.


[UNPUBLISHED]


Kevin Purnell pled guilty to one count of possessing cocaine base with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). After calculating a Guidelines imprisonment range of 188-235 months, the district court sentenced Purnell to 180 months' imprisonment. On appeal, his counsel has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), stating that Purnell believes that his sentence is substantively unreasonable.

The Honorable James M. Moody, United States District Judge for the Eastern District of Arkansas.

We conclude that the district court committed no procedural error and imposed a substantively reasonable sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007) (in reviewing sentence, appellate court first ensures that district court committed no significant procedural error, and then considers substantive reasonableness of sentence under abuse-of-discretion standard); United States v. Haack, 403 F.3d 997, 1004 (8th Cir. 2005) (describing abuse of discretion).

Having reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues. Accordingly, we allow counsel to withdraw, and we affirm.


Summaries of

U.S. v. Purnell

United States Court of Appeals, Eighth Circuit
Dec 9, 2010
403 F. App'x 125 (8th Cir. 2010)
Case details for

U.S. v. Purnell

Case Details

Full title:UNITED STATES of America, Appellee, v. Kevin Ray PURNELL, Appellant

Court:United States Court of Appeals, Eighth Circuit

Date published: Dec 9, 2010

Citations

403 F. App'x 125 (8th Cir. 2010)