Rob Senger v. City of Aberdeen

1The Honorable Charles A. Shaw, United States District Judge for the Eastern
District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-3854
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Missouri.
Carl Thomas Whipple, *
* [UNPUBLISHED]
Appellant. *
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Submitted: September 19, 2006
Filed: September 25, 2006
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Before ARNOLD, BOWMAN, and RILEY, Circuit Judges.
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PER CURIAM.
Carl Thomas Whipple appeals the 240-month sentence the district court 1
imposed following this court’s remand for resentencing under United States v.
Booker, 543 U.S. 220 (2005). Counsel has moved to withdraw and filed a brief under
Anders v. California, 386 U.S. 738 (1967), arguing the district court should have
further reduced Mr. Whipple’s sentence because of his age and deteriorating physical
condition. We find the 18% downward variance from the bottom of the advisory
Guidelines range of 292-365 months was not unreasonable. See United States v.

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Bryant, 446 F.3d 1317, 1319 (8th Cir. 2006) (when there is no dispute about
applicable Guidelines range, appeals court considers whether sentence imposed is
reasonable in light of 18 U.S.C. § 3553(a) factors). After our review of the record
pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), we find no nonfrivolous issues.
Accordingly, we grant counsel’s motion to withdraw, and we affirm the sentence.
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