United States v. Brian Keith Brodie, No. 95-3957 (8th Cir. July 5, 1996). · Go Syfert
United States v. Brian Keith Brodie, No. 95-3957 (8th Cir. July 5, 1996). Book View Copy Cite
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United States
v.
Brian Keith Brodie
95-3957.
Court of Appeals for the Eighth Circuit.
Jul 5, 1996.
Unpublished opinion
Unpublished
No. 95-3957
United States of America,Appellee,v.Brian Keith Brodie,Appellant.
Appeal from the United StatesDistrict Court for theWestern District of Missouri.[UNPUBLISHED]
Submitted: June 25, 1996

Filed: July 5, 1996

Before BEAM, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

PER CURIAM.

Brian Keith Brodie pleaded guilty to being a felon in possession of ammunition, in violation of 18 U.S.C. § 924(a)(2), and the district court1 sentenced him to 37 months imprisonment and three years supervised release. On appeal, counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), and Brodie has filed a supplemental brief. We affirm.

We reject the assertion that Brodie's sentence was excessive, as he was sentenced within the applicable Guidelines sentencing range. We find no error in the district court's calculation of Brodie's criminal history score. See U.S.S.G. § 4A1.1(c), (d); U.S.S.G. § 4A1.2(a)(3). Finally, we hold that the arguments that

1 The Honorable Dean Whipple, United States District Judge for the Western District of Missouri.

Brodie raises in his supplemental brief are meritless: he was convicted and sentenced only for being a felon in possession of ammunition, and not for being a felon in possession of a firearm.

After reviewing the record in accordance with Penson v. Ohio, 488 U.S. 75, 80 (1988), we have found no nonfrivolous issues.

The judgment is affirmed.

A true copy.

Attest:

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