Background
Antonio Colbert was convicted by a jury of three counts: possession of a firearm by a felon, assault with a dangerous weapon with intent to do bodily harm in Indian country, and use of a firearm in connection with a crime of violence. He was sentenced to one hundred ninety-one months of imprisonment. Colbert filed a pro se response to his appointed counsel’s Anders brief, which argued that no non-frivolous grounds for appeal existed.
The court’s reasoning
The panel determined that the district court possessed subject matter jurisdiction under federal statutes and that the Major Crimes Act did not alter this. The court held that Colbert waived any challenge to the search and seizure by failing to object to the magistrate judge’s recommendation. Furthermore, the court found the evidence sufficient to support the convictions and the sentence reasonable as it fell within the calculated Guidelines range.
We therefore grant counsel’s motion to withdraw, and we dismiss the appeal.
What it means going forward
The conviction and sentence stand as the appeal is dismissed without oral argument.