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United States v. Eddy Bullcalf
702 F. App'x 605
| 9th Cir. | 2017
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*1 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 *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

[*] 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).

Case Details

Case Name: United States v. Eddy Bullcalf
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Nov 14, 2017
Citation: 702 F. App'x 605
Docket Number: 16-30275
Court Abbreviation: 9th Cir.
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