133 F. App'x 352

UNITED STATES of America, Appellee, v. Christopher Lewis HARPER, Appellant.

No. 04-2676.

United States Court of Appeals, Eighth Circuit.

Submitted April 26, 2005.

Decided June 7, 2005.

Thomas Joseph Mehan, U.S. Attorney’s Office, St. Louis, MO, for Appellee.

Brian S. Witherspoon, Federal Public Defender’s Office, St. Louis, MO, for Appellant.

Before MORRIS SHEPPARD ARNOLD, FAGG, and SMITH, Circuit Judges.

*353PER CURIAM.

Christopher Harper appeals the judgment the district court1 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, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the 87-month sentence imposed was too harsh.

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, 118 S.Ct. 84, 139 L.Ed.2d 41 (1997).

Having carefully reviewed the record under Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues.

Accordingly, we affirm, and we grant counsel’s motion to withdraw.

United States v. Harper
133 F. App'x 352

Case Details

Name
United States v. Harper
Decision Date
Jun 7, 2005
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133 F. App'x 352

Jurisdiction
United States

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