United States v. Walter Lee Anderson, (8th Cir. 2005)

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United States Court of Appeals

FOR THE EIGHTH CIRCUIT

No. 03-3915

United States of America, Appellee, Appeal from the United States

District Court for the

v. Eastern District of Arkansas.

Walter Lee Anderson, [UNPUBLISHED]

Appellant.

Submitted: September 13, 2004

Filed: February 18, 2005

Before BYE, BOWMAN, and MELLOY, Circuit Judges.

PER CURIAM.

Walter Lee Anderson appeals the revocation of his federal supervised release and subsequent resentencing by the District Court1 after testing positive for cocaine. Anderson's counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), identifying six issues that "might arguably support" Anderson's appeal. Id. at 744. Having conducted an independent review of the record under Penson v. Ohio, 488 U.S. 75 (1988), we conclude there are no nonfrivolous issues. We therefore affirm the judgment of the District Court and grant counsel's motion to withdraw.

1The Honorable Susan Webber Wright, Chief Judge, United States District Court for the Eastern District of Arkansas.

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