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UNITED STATES of America, Appellee, v. Shawn M. SIMMER, Appellant

United States Court of Appeals for the Eighth Circuit2003-12-01No. No. 03-2748
81 F. App'x 625

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Opinion

majority opinion

PER CURIAM.

Shawn M. Simmer appeals the sentence the district court imposed after Simmer pleaded guilty to one count of bank robbery, in violation of 18 U.S.C. § 2113(a). Simmer’s counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), contesting a 3-level increase under U.S.S.G. § 2B3.1(b)(2)(E) for brandishing or possessing a dangerous weapon. The record shows Simmer possessed a pellet gun or BB gun when he robbed the bank, and the teller believed Simmer was carrying a gun; thus, we conclude the district court properly applied the increase. See U.S.S.G. § 1B1.1, comment. (n.l(d)(ii)). Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues.

We affirm the district court and grant counsel’s motion to withdraw.

The Honorable Nanette K. Laughrey, United States District Judge for the Western District of Missouri.