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United States v. Miller

United States Court of Appeals, Eighth Circuit

September 25, 2013

United States of America Plaintiff - Appellee
v.
Rebecca Miller Defendant-Appellant

Unpublished

Submitted: September 19, 2013

Appeal from United States District Court for the Western District of Arkansas - Texarkana

Before LOKEN, GRUENDER, and BENTON, Circuit Judges.

PER CURIAM.

After a jury found Rebecca Miller guilty of several drug charges, the district court[1] sentenced her to 188 months in prison. On appeal, we affirmed the convictions but remanded for resentencing. See United States v. Miller, 698 F.3d 699, 707-10 (8th Cir. 2012). On remand, the district court imposed a sentence of 120 months in prison. Miller appeals, and in a brief filed under Anders v. California, 386 U.S. 738 (1967), counsel argues that the court abused its discretion in imposing the sentence.[2]Miller has not filed a pro se brief.

After careful review, we affirm the sentence, because the district court complied with our decision, see United States v. Kendall, 475 F.3d 961, 963-64 (8th Cir. 2007), and imposed a sentence that was stipulated to by both parties and that is not unreasonable, see United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc). Further, we have reviewed the record independently under Penson v. Ohio, 488 U.S. 75 (1988), and we find no non-frivolous issues for appeal. Accordingly, we grant counsel's motion to withdraw, and we affirm.


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