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United States v. Lee

United States Court of Appeals For the Eighth Circuit
Jul 17, 2014
571 F. App'x 501 (8th Cir. 2014)

Opinion

No. 13-3494

07-17-2014

United States of America, Plaintiff - Appellee, v. Oscar Lee, Defendant - Appellant.


Appeal from United States District Court

for the District of Minnesota - St. Paul


[Unpublished]

Before BYE, COLLOTON, and BENTON, Circuit Judges. PER CURIAM.

Oscar Lee directly appeals after he pleaded guilty to a firearm charge under 18 U.S.C. § 922(g) and the district court sentenced him as an armed career criminal to fifteen years in prison, the mandatory minimum under 18 U.S.C. § 924(e). His counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the reasonableness of Lee's sentence.

The Honorable Paul A. Magnuson, United States District Judge for the District of Minnesota.

Upon careful review, we conclude that the district court properly determined that Lee qualified as an armed career criminal. See 18 U.S.C. § 924(e); see also United States v. Rodriguez, 612 F.3d 1049, 1056-57 (8th Cir. 2010) (rejecting challenge to sentence based on age of § 924(e) predicate offenses). We also note that the district court had no authority to impose a prison term of fewer than the statutory minimum term of fifteen years. See United States v. Watts, 553 F.3d 603, 604 (8th Cir. 2009) (per curiam).

Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues. Accordingly, we affirm the judgment of the district court, and we grant counsel's motion to withdraw.


Summaries of

United States v. Lee

United States Court of Appeals For the Eighth Circuit
Jul 17, 2014
571 F. App'x 501 (8th Cir. 2014)
Case details for

United States v. Lee

Case Details

Full title:United States of America, Plaintiff - Appellee, v. Oscar Lee, Defendant …

Court:United States Court of Appeals For the Eighth Circuit

Date published: Jul 17, 2014

Citations

571 F. App'x 501 (8th Cir. 2014)