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United States v. Tommie Webb, 02-3611 (2003)

Court: Court of Appeals for the Eighth Circuit Number: 02-3611 Visitors: 36
Filed: Jul. 01, 2003
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 02-3611 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Tommie Webb, * [UNPUBLISHED] * Appellant. * _ Submitted: June 26, 2003 Filed: July 1, 2003 _ Before LOKEN, Chief Judge, BOWMAN, and WOLLMAN, Circuit Judges. _ PER CURIAM. A jury convicted Tommie Webb of possessing with intent to distribute more than 5 grams of a mixture or substance containing c
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                     United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                    ___________

                                    No. 02-3611
                                    ___________

United States of America,                *
                                         *
             Appellee,                   *
                                         * Appeal from the United States
      v.                                 * District Court for the
                                         * Eastern District of Missouri.
Tommie Webb,                             *    [UNPUBLISHED]
                                         *
             Appellant.                  *
                                    ___________

                          Submitted: June 26, 2003

                               Filed: July 1, 2003
                                    ___________

Before LOKEN, Chief Judge, BOWMAN, and WOLLMAN, Circuit Judges.
                             ___________

PER CURIAM.

       A jury convicted Tommie Webb of possessing with intent to distribute more
than 5 grams of a mixture or substance containing cocaine base, in violation of 21
U.S.C. § 841(a)(1) (count 1); carrying or possessing a firearm in furtherance of the
drug trafficking alleged in count 1, in violation of 18 U.S.C. § 924(c) (count 2); and
being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g) (count 3).
The district court1 imposed concurrent sentences of 262 and 120 months of

      1
       The Honorable Jean C. Hamilton, United States District Judge for the Eastern
District of Missouri.
imprisonment on counts 1 and 3 respectively, and a consecutive sentence of 60
months of imprisonment on count 2. The court ordered that the sentences be followed
by concurrent periods of 5 years of supervised release on count 1, and 3 years on
counts 2 and 3. Webb appeals, and his counsel has moved to withdraw. In a brief
filed under Anders v. California, 
386 U.S. 738
(1967), counsel argues that Webb’s
sentence violates the Eighth Amendment’s proscription against cruel and unusual
punishment. Webb has not filed a pro se supplemental brief.

       We reject counsel’s argument and conclude that Webb’s sentence, required by
the Guidelines and section 924(c)’s mandatory 5-year consecutive sentence, does not
violate the Eighth Amendment. See 18 U.S.C. § 924(c); United States v. Farmer, 
73 F.3d 836
, 840 (8th Cir.), cert. denied, 
518 U.S. 1028
(1996); United States v. Knight,
96 F.3d 307
, 311 (8th Cir. 1996), cert. denied, 
520 U.S. 1180
(1997). Further, having
reviewed the record under Penson v. Ohio, 
488 U.S. 75
, 88 (1988), we find no
nonfrivolous issues.

      Accordingly, counsel’s motion to withdraw is granted, and the judgment is
affirmed.

      A true copy.

             Attest:

                     CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.




                                         -2-

Source:  CourtListener

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