United States v. Gregory D. White

1 The Honorable Lawrence L. Piersol, Chief Judge, United States District Court
for the District of South Dakota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 01-1794
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the
v. * District of South Dakota.
*
Leroy Louis Scott, Jr., * [UNPUBLISHED]
*
Appellant. *
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Submitted: November 6, 2001
Filed: November 14, 2001
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Before BOWMAN, BEAM, and BYE, Circuit Judges.
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PER CURIAM.
After a jury trial, Leroy Louis Scott, Jr., was convicted of escaping from federal
custody, in violation of 18 U.S.C. § 751(a) (1994). The District Court 1 sentenced him
to sixteen months' imprisonment and two years' supervised release. On appeal, his
counsel has filed a brief and moved to withdraw under Anders v. California, 386 U.S.
738 (1967), and Scott has filed a pro se supplemental brief.

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We have carefully considered each of the issues raised on appeal—regarding
Scott’s speedy-trial rights under the Sixth Amendment and the Speedy Trial Act, his
Fifth Amendment right to be free from excessive pre-indictment delay, the alleged
variance between the indictment and the jury instructions, the District Court’s receipt
of hearsay evidence, and his duplicity challenge to the indictment—and we find each
argument to be without merit. Additionally, having reviewed the record
independently pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we have not found
any nonfrivolous issues for appeal.
Accordingly, we affirm the judgment of the District Court, and we grant
counsel’s motion to withdraw.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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