United States Court of Appeals
For the Eighth Circuit
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No. 14-1826
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United States of America,
lllllllllllllllllllll Plaintiff - Appellee,
v.
Clifford Pilcher,
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Arkansas - Fayetteville
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Submitted: December 19, 2014
Filed: December 29, 2014
[Unpublished]
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Before SMITH, BOWMAN, and COLLOTON, Circuit Judges.
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PER CURIAM.
Clifford Pilcher directly appeals after he pled guilty to a drug-related offense
and the district court1 sentenced him within his calculated advisory Guidelines range
1
The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.
to 80 months in prison. His counsel has moved to withdraw and has filed a brief
under Anders v. California, 386 U.S. 738 (1967), challenging the reasonableness of
Pilcher’s sentence. Pilcher, pro se, has filed a document citing Federal Rule of
Appellate Procedure 28(j), and requesting that his sentence be vacated and his case
remanded to the district court so that he can be resentenced in accordance with a
recently adopted Guidelines amendment which lowers the base offense levels for
certain drug-related offenses.
Upon careful review, we conclude that the district court did not abuse its
discretion in sentencing Pilcher. See United States v. Feemster, 572 F.3d 455, 461-62
(8th Cir. 2009) (en banc) (describing appellate review of sentences). We also decline
to grant Pilcher’s pro se request. See 18 U.S.C. § 3582(c)(2) (permitting motion for
modification of prison term based on lowered sentencing range). Finally, having
independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we
have found no nonfrivolous issues. Accordingly, the judgment is affirmed. We also
grant counsel’s motion to withdraw.
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