Submitted: September 27, 2007.
Filed: October 18, 2007.
Appeal from the United States District Court for the Western District of Arkansas.
Kenneth Elser, U.S. Attorney's Office, Fort Smith, AR, for Appellee.
Chucky L. Wanton, Texarkana, TX, pro se.
Joseph Clayton Self, The Self Law Firm, Fort Smith, AR, for Appellant.
Before BYE, RILEY, and MELLOY, Circuit Judges.
Chucky L. Wanton appeals the 135-month prison sentence the district court imposed after he pleaded guilty to distributing more than 50 grams of crack cocaine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(iii). In a brief filed under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Wanton's counsel seeks to withdraw and questions the sentence's reasonableness.
The Honorable Robert T. Dawson, United States District Judge for the Western District of Arkansas.
We conclude that Wanton's sentence — at the bottom of the applicable Guidelines range, and imposed following proper consideration of the 18 U.S.C. § 3553(a) factors — is not unreasonable. See Rita v. United States, ___ U.S. ___, 127 S.Ct. 2456, 2467-68, 168 L.Ed.2d 203 (2007) (allowing appellate presumption of reasonableness for sentences within Guidelines range); United States v. Booker, 543 U.S. 220, 261, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005) (appellate courts review sentences for unreasonableness using § 3553(a) as guide). After reviewing the record independently under Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues.
Accordingly, we grant counsel leave to withdraw, and we affirm.