Schaller Telephone v. Golden Sky Systems

1 The Honorable Robert T. Dawson, United States District Judge for the
Western District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 02-1591
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Western District of Arkansas.
William Smith, Jr., *
* [UNPUBLISHED]
Appellant. *
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Submitted: July 16, 2002
Filed: July 22, 2002
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Before McMILLIAN, BOWMAN, and MURPHY, Circuit Judges.
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PER CURIAM.
William Smith, Jr., pleaded guilty to committing bank robbery and jeopardizing
a person’s life with a dangerous weapon. See 18 U.S.C. § 2113(a), (d) (2000). The
District Court 1 sentenced Smith to seventy-one months of imprisonment and three
years of supervised release and ordered him to pay $12,069 in restitution. On appeal,
counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S.
738 (1967), arguing that the sentence is excessive. Smith has filed a pro se

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supplemental brief in which he seems to criticize counsel’s performance before the
District Court.
Smith’s allegedly excessive sentence is unreviewable on appeal because it was
imposed within the applicable Guidelines range. See United States v. Woodrum, 959
F.2d 100, 101 (8th Cir. 1992) (per curiam). Smith’s ineffective-assistance claim
should be brought, if at all, in a 28 U.S.C. § 2255 proceeding. See United States v.
Hernandez, 281 F.3d 746, 749 (8th Cir. 2002). Having reviewed the record
independently under Penson v. Ohio, 488 U.S. 75 (1988), we find that there are no
nonfrivolous issues.
Accordingly, we affirm. We also grant counsel’s motion to withdraw.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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