Gregory Alan Hill v. KC Metro Task Force

*The Honorable Donald J. Stohr, United States District Judge for the Eastern
District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-1498
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the Eastern
v. * District of Missouri.
*
Gregory Willis, * [UNPUBLISHED]
*
Appellant. *
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Submitted: May 5, 2006
Filed: May 11, 2006
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Before MELLOY, FAGG, and BENTON, Circuit Judges.
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PER CURIAM.
Gregory Willis appeals the 180-month prison sentence the district court *
imposed after Willis pleaded guilty to bank robbery. On appeal, counsel has moved
to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967).
To the extent the Anders brief can be read to challenge the reasonableness of
the sentence imposed, Willis’s argument fails. See United States v. Dalton, 404 F.3d
1029, 1032 (8th Cir. 2005) (reasonableness standard of review under United States v.

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Booker, 543 U.S. 220 (2005), is equivalent to abuse-of-discretion standard of review).
The sentence was within the properly calculated Guidelines range, and there is nothing
in the record to suggest Willis could meet his burden to rebut the presumption of
reasonableness. See United States v. Lincoln, 413 F.3d 716, 717-18 (8th Cir.)
(sentence within Guidelines range is presumptively reasonable; defendant bears
burden to rebut presumption of reasonableness), cert. denied, 126 S. Ct. 840 (2005).
Having reviewed the record under Penson v. Ohio, 488 U.S. 75, 80 (1988), we
conclude there are no nonfrivolous issues. Accordingly, we affirm the district court’s
judgment and grant counsel's motion to withdraw.
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