United States of America v. Tommie Anderson

United States Court of Appeals
For the Eighth Circuit
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No. 23-1330
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Tommie Anderson
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri
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Submitted: August 24, 2023
Filed: September 19, 2023
[Unpublished]
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Before SHEPHERD, GRASZ, and KOBES, Circuit Judges.
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PER CURIAM.
Tommie Anderson appeals the sentence imposed after he pled guilty to a
firearm offense. His counsel has filed a brief under Anders v. California, 386 U.S.
738 (1967), and seeks leave to withdraw.

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Anderson argues the district court1 erred by treating his 2004 Missouri
conviction for attempted second-degree robbery as a crime of violence when
determining his base offense level under the United States Sentencing Guidelines
Manual (“Guidelines”). See U.S.S.G. §§ 2K2.1(a)(4)(A), 4B1.2(a). We conclude the
conviction qualifies as a crime of violence. See United States v. Harrison, 809 F.3d
420, 425 (8th Cir. 2015) (reviewing de novo district court’s determination whether
an offense qualifies as a crime of violence under the Guidelines). We have held a
Missouri conviction for second-degree robbery under the relevant statute is a crime
of violence under the Guidelines. See United States v. Gordon, 69 F.4th 932, 933
(8th Cir. 2023). Anderson contends that because he was not convicted of a completed
robbery, his conviction is not a crime of violence under United States v. Taylor, 142
S. Ct. 2015 (2002) (holding attempted Hobbs Act robbery does not qualify as crime
of violence under 18 U.S.C. § 924(c)(3)(A)). We reject his argument because, unlike
the statute at issue in Taylor, the Guidelines contain commentary specifically stating
an attempt to commit a crime of violence is itself a crime of violence. See U.S.S.G.
§ 4B1.2, cmt. (n.1) (explaining crime of violence includes the offense of “attempting
to commit such offense”).
Further, having independently reviewed the record under Penson v. Ohio, 488
U.S. 75 (1988), we find no nonfrivolous issues for appeal. Accordingly, we grant
counsel leave to withdraw and affirm.
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1The Honorable Ronnie L. White, United States District Judge for the Eastern
District of Missouri.
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