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UNITED STATES of America, Appellee, v. Matthew M. CUNNINGHAM, Appellant

United States Court of Appeals for the Eighth Circuit2010-02-25No. No. 09-2636
366 F. App'x 718

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Opinion

majority opinion

PER CURIAM.

After Matthew Cunningham pleaded guilty to distributing child pornography, in violation of 18 U.S.C. § 2252(a)(2), the district court sentenced him to 120 months in prison and 8 years of supervised release. Counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the sentence is unreasonable.

The sentence, which represents a substantial downward variance from the advisory Guidelines range of 188-235 months, is not unreasonable, see United States v. Lazarski, 560 F.3d 731, 733 (8th Cir.2009); and having reviewed the record under Penson v. Ohio, 488 U.S. 75,109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we have found no nonfrivolous issues.

Accordingly, we affirm, and we grant counsel’s motion to withdraw.

. The Honorable Dean Whipple, United States District Judge for the Western District of Missouri.