United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                    ___________

                                    No. 03-3205
                                    ___________

United States of America,                *
                                         *
             Appellee,                   *
                                         * Appeal from the United States
      v.                                 * District Court for the Western
                                         * District of Missouri.
Charles M. Gilmore,                      *
                                         *    [UNPUBLISHED]
             Appellant.                  *
                                    ___________

                              Submitted: April 23, 2004

                                   Filed: April 28, 2004
                                    ___________

Before MELLOY, HANSEN, and COLLOTON, Circuit Judges.
                           ___________

PER CURIAM.

       Charles Gilmore appeals the sentence imposed by the district court1 after he
pleaded guilty to possessing a firearm having been convicted of a felony robbery
offense and a misdemeanor domestic-violence crime, in violation of 18 U.S.C.
§§ 922(g)(1), (9) and 924(a)(2), and making a false written statement in connection
with the acquisition of a firearm, in violation of 18 U.S.C. §§ 922(a)(6) and 924(a)(2).
The district court sentenced Gilmore to 77 months imprisonment and 3 years

      1
      The Honorable Dean Whipple, Chief Judge, United States District Court for
the Western District of Missouri.
supervised release on both counts, to be served concurrently. Gilmore’s counsel has
filed a brief and moved to withdraw under Anders v. California, 

(1967),
arguing that the district court erred by finding that the shotgun Gilmore possessed
was stolen, and thereby enhancing his sentence 2 levels under U.S.S.G.
§ 2K2.1(b)(4).

      The district court did not clearly err in concluding that Gilmore stole the
shotgun, based upon the testimony presented at sentencing. See U.S.S.G.
§ 2K2.1(b)(4); United States v. Sarabia-Martinez, 

, 450 (8th Cir. 2002)
(sentencing judge’s determination of witness credibility is virtually unreviewable on
appeal); United States v. Martinez, 

, 761 (8th Cir. 2003) (clear-error
review).

      Having reviewed the record independently under Penson v. Ohio, 

(1988), we have found no nonfrivolous issues. Accordingly, we affirm, and we grant
counsel’s motion to withdraw.
                      ______________________________




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