United States v. Scott Donald Wiele

1The Honorable Robert T. Dawson, United States District Judge for the Western
District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 06-3502
___________
United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Western District of Arkansas.
Chucky L. Wanton, *
* [UNPUBLISHED]
Appellant. *
___________
Submitted: September 27, 2007
Filed: October 18, 2007
___________
Before BYE, RILEY, and MELLOY, Circuit Judges.
___________
PER CURIAM.
Chucky L. Wanton appeals the 135-month prison sentence the district court 1
imposed after he pleaded guilty to distributing more than 50 grams of crack cocaine
in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(iii). In a brief filed under Anders
v. California, 386 U.S. 738 (1967), Wanton’s counsel seeks to withdraw and questions
the sentence’s reasonableness.

-- 1 of 2 --

-2-
We conclude that Wanton’s sentence--at the bottom of the applicable
Guidelines range, and imposed following proper consideration of the 18 U.S.C.
§ 3553(a) factors--is not unreasonable. See Rita v. United States, 127 S. Ct. 2456,
2467-68 (2007) (allowing appellate presumption of reasonableness for sentences
within Guidelines range); United States v. Booker, 543 U.S. 220, 261 (2005)
(appellate courts review sentences for unreasonableness using § 3553(a) as guide).
After reviewing the record independently under Penson v. Ohio, 488 U.S. 75, 80
(1988), we find no nonfrivolous issues.
Accordingly, we grant counsel leave to withdraw, and we affirm.
______________________________

-- 2 of 2 --