United States of America v. Gregory M. James

United States Court of Appeals
For the Eighth Circuit
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No. 17-1291
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Gregory M. James
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the District of South Dakota - Sioux Falls
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Submitted: December 14, 2017
Filed: December 19, 2017
[Unpublished]
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Before WOLLMAN, LOKEN, and COLLOTON, Circuit Judges.
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PER CURIAM.
In this direct criminal appeal, Gregory James challenges the sentence the
district court imposed following his guilty plea to a child-support offense. His1
The Honorable Karen E. Schreier, United States District Judge for the District1
of South Dakota.

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counsel has moved to withdraw and submitted a brief under Anders v. California, 386
U.S. 738 (1967), challenging the denial of acceptance of responsibility points, and a
probation condition.
We conclude that the district court did not clearly err in denying
acceptance-of-responsibility points, see United States v. Bastian, 603 F.3d 460, 465
(8th Cir. 2010) (standard of review), see United States v. Spurlock, 495 F.3d 1011,
1014 (8th Cir. 2007), and, in any event, any error was harmless, as James was
sentenced below the Guidelines range that would have applied had he been granted
a 3-point reduction for acceptance of responsibility, see United States v. Strong, 773
F.3d 920, 926 (8th Cir. 2014); and that his challenge to the probation condition is
unavailing. Finally, we have independently reviewed the record under Penson v.
Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal.
Accordingly, we grant counsel’s motion, and affirm.
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