FILED
NOT FOR PUBLICATION
NOV 14 2017
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-30275
Plaintiff-Appellee, D.C. No.
4:12-cr-00036-BMM-1
v.
EDDY DEAN BULLCALF, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the District of Montana
Brian M. Morris, District Judge, Presiding
Submitted November 14, 2017**
Before: FARRIS, CANBY, and SILVERMAN, Circuit Judges.
Eddy Dean Bullcalf appeals the 324-month sentence imposed upon re-
sentencing for two counts of aggravated sexual abuse, in violation of 18 U.S.C. §§
1153(a) and 2241(c), and one count of abusive sexual contact with a child under
the age of 12, in violation of 18 U.S.C. §§ 1153(a) and 2244(a)(1). Pursuant to
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Anders v. California, 386 U.S. 738 (1967), Bullcalf’s counsel has filed a brief
stating that there are no grounds for relief, along with a motion to withdraw as
counsel of record. No pro se supplemental brief or answering brief has been filed.
We find not arguable issues among those noted in the Anders brief: the
district court did not miscalculate or misapply the Guideline range; the evidence
does not show that the criminal activity wholly preceded the adoption of the
sentencing enhancement of U.S.S.G. § 5B1.5(b)(1); the sentence at the bottom of
the Guideline range is not unreasonable. In addition, our independent review of
the full record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no
arguable grounds for relief.
Counsel’s motion to withdraw is GRANTED.
AFFIRMED.
2