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204 F. App'x 310

United States v. Cockrell

U.S. Courts of Appeals

Decided November 3, 2006

U.S. Courts of Appeals · decided 2006-11-03

Applies 18 U.S.C. § 922 (Brady Handgun Violence Prevention Act) · 18 U.S.C. § 924

Relies on Anders v. California

Affirmed by unpublished PER CURIAM opinion · Decided 2006-11-03

*311 PER CURIAM:

¶1 Cheree Ann Cockrell pled guilty without a plea agreement to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1) (2000). The district court sentenced Cockrell as an armed career criminal pursuant to 18 U.S.C. § 924(e)(1) (2000), which carries a statutory mandatory minimum sentence of fifteen years’ imprisonment. Cockrell received the minimum 180 months’ imprisonment.

¶2 On appeal, Cockrell’s counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), asserting that there exist no meritorious issues for appeal but contending that the district court imposed an unreasonable sentence because Cockrell has been rehabilitated, and no further punishment is necessary. * However, as noted by both the district court and Cockrell’s counsel, the term of imprisonment imposed in this case is the mandatory minimum sentence pursuant to 18 U.S.C. § 924(e)(1). Because the district court could not have given a lower sentence under the terms of the statute, the sentence is not unreasonable.

¶3 In accordance with Anders, we have reviewed the record in this case and have found no meritorious issues for appeal. We therefore affirm Cockrell’s conviction and sentence. This court requires counsel inform his client, in writing, of her right to petition the Supreme Court of the United States for further review. If the client requests that a petition be filed, but counsel believes that such a petition would be frivolous, then counsel may move in this court for leave to withdraw from representation. Counsel’s motion must state that a copy thereof was served on the client. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

¶4 AFFIRMED

*

¶5 Although notified of her right to do so, Cockrell has not submitted a pro se supplemental brief.

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