Duane Dewey Anderson v. Ind. School Dist. 97

*
The Honorable Nanette K. Laughrey, United States District Judge for the
Western District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-2748
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the Western
v. * District of Missouri.
*
Shawn M. Simmer, * [UNPUBLISHED]
*
Appellant. *
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Submitted: November 21, 2003
Filed: December 1, 2003
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Before BYE, FAGG, and BOWMAN, Circuit Judges.
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PER CURIAM.
Shawn M. Simmer appeals the sentence the district court * imposed after
Simmer pleaded guilty to one count of bank robbery, in violation of 18 U.S.C. §
2113(a). Simmer's counsel has moved to withdraw and filed a brief under Anders v.
California, 386 U.S. 738 (1967), contesting a 3-level increase under U.S.S.G. §
2B3.1(b)(2)(E) for brandishing or possessing a dangerous weapon. The record shows
Simmer possessed a pellet gun or BB gun when he robbed the bank, and the teller

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believed Simmer was carrying a gun; thus, we conclude the district court properly
applied the increase. See U.S.S.G. § 1B1.1, comment. (n.1(d)(ii)). Having
independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 80 (1988), we
find no nonfrivolous issues.
We affirm the district court and grant counsel's motion to withdraw.
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