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1The Honorable James M. Moody, United States District Judge for the Eastern
District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 07-1325
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Arkansas.
Billy S. Holbert, *
* [UNPUBLISHED]
Appellant. *
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Submitted: April 20, 2007
Filed: April 25, 2007
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Before SMITH, GRUENDER, and SHEPHERD, Circuit Judges.
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PER CURIAM.
In this appeal from the district court’s 1 revocation of Billy S. Holbert’s
supervised release, his counsel has filed a brief under Anders v. California, 386 U.S.
738 (1967), and has moved to withdraw, suggesting that there are no non-frivolous
issues. After reviewing the record independently pursuant to Penson v. Ohio, 488
U.S. 75 (1988), we order the judgment amended as follows: Holbert’s revocation
prison sentence remains 1 year and 1 day, but his ensuing term of supervised release
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will be 23 months minus 1 day. See 18 U.S.C. § 3583(h). In all other respects, we
affirm the judgment of the district court. We grant counsel’s withdrawal motion.
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