USA v. Sherman Guy, (8th Cir. 2003)
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United States Court of Appeals FOR THE EIGHTH CIRCUIT
No. 02-3282
United States of America, Appellee, v. Sherman Guy, Appellant.
Submitted: June 6, 2003 Filed: June 12, 2003
Before MURPHY, HANSEN, and MELLOY, Circuit Judges.
PER CURIAM.
Sherman Guy pleaded guilty to distributing cocaine base and the district court1 sentenced him to 120 months imprisonment and 5 years supervised release. On appeal, GuyÂ’s counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967), raising the following issues: whether the sentencing court erred in considering cocaine base which formed the basis of other distribution counts that were dismissed, and whether the court erred in determining that Guy was a career offender. In a pro se supplemental brief, Guy reasserts these issues, and alsoargues that the government breached the plea agreement by failing to object to inclusion of the cocaine base from the dismissed counts in calculating his sentence, the government failed to disclose that he would be sentenced as a career offender, and his counsel was ineffective.
The district court properly sentenced Guy as a career offender. Guy was over 18 years old when he committed the instant controlled-substance offense, and he previously had been convicted of two controlled-substance offenses and two crimes of violence. See U.S.S.G. §§ 4B1.1 (career-offender criteria); 4B1.2(a) and (b) (defining crime of violence and controlled-substance offense). Thus, his offense level was determined by his career-offender status, not the cocaine base from the dismissed counts. See United States v. Darden, 70 F.3d 1507, 1548 n.17 (8th Cir. 1995) (declining to review argument which would not affect sentence), cert. denied,
Upon careful review of the record, see Penson v. Ohio, 488 U.S. 75 (1988), we find no other nonfrivolous issues. Accordingly, the judgment is affirmed. We also grant counselÂ’s motion to withdraw.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Appeal from the United States
District Court for the
Western District of Arkansas.
[UNPUBLISHED]
[1] The Honorable Robert T. Dawson, United States District Judge for the Western District of Arkansas.
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This document cites
- U.S. Supreme Court - Penson v. Ohio, 488 U.S. 75 (1988)
- U.S. Supreme Court - Anders v. California, 386 U.S. 738 (1967)
- U.S. Court of Appeals for the Eighth Circuit - United States of America, Plaintiff-Appellee, v. Sidney L. Martin, Also Known as Sidney Laroy Martin, Also Known as Sidney Leroy Martin, Also Known as Sid Leroy Martin, Also Known as Big Sid, Also Known as Sid, Defendant-Appellant., 59 F.3d 767 (8th Cir. 1995)
- U.S. Court of Appeals for the Eighth Circuit - United States of America, Appellee, v. Carlton Darden, Appellant. United States of America, Appellee, v. Carla Simone Seals, Appellant. United States of America, Appellee, v. Michael Williams, Appellant. United States of America, Appellee, v. Raymond Amerson, Appellant. United States of America, Appellee, v. Gerald Douglas Hopkins, Appellant. United States of America, Appellee, v. Jerry Lee Lewis, Appellant. United States of America, Appellee, v. Noble Laverne Bennett, Appellant., 70 F.3d 1507 (8th Cir. 1995)
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