USA v. Donald Daye Storer

1 The Honorable E. Richard Webber, United States District Judge for the
Eastern District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 04-2676
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Missouri.
Christopher Lewis Harper, *
* [UNPUBLISHED]
Appellant. *
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Submitted: April 26, 2005
Filed: June 7, 2005
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Before MORRIS SHEPPARD ARNOLD, FAGG, and SMITH, Circuit Judges.
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PER CURIAM.
Christopher Harper appeals the judgment the district court 1 entered after he
pleaded guilty to being a felon in possession of firearms in violation of 18 U.S.C.
§ 922(g)(1). His counsel has moved to withdraw and filed a brief under Anders v.
California, 386 U.S. 738 (1967), arguing that the 87-month sentence imposed was too
harsh.

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-2-
This argument, which we construe as an Eighth Amendment challenge, fails.
Cf. United States v. Prior, 107 F.3d 654, 659-60 (8th Cir.) (finding no Eighth
Amendment violation for defendant’s harsh life sentence following guilty plea to
methamphetamine offense), cert. denied, 522 U.S. 824 (1997).
Having carefully reviewed the record under Penson v. Ohio, 488 U.S. 75, 80
(1988), we find no nonfrivolous issues.
Accordingly, we affirm, and we grant counsel’s motion to withdraw.
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