United States v. Frank Wilk

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PER CURIAM OPINION FILED - THE COURT: James B. Loken, Michael J. Melloy and Duane Benton (UNPUBLISHED) Opinion Filed [4152346] [12-2424]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-2424 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Frank Wilks lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: April 2, 2014 Filed: May 9, 2014 [Unpublished] ____________ Before LOKEN, MELLOY, and BENTON, Circuit Judges. ____________ PER CURIAM. Frank Wilks appeals the sentence imposed on him after pleading guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Counsel has moved to withdraw, filing a brief under Anders v. California, 386 U.S. 738 (1967). Counsel argues that the district court erred in determining that Appellate Case: 12-2424 Page: 1 Date Filed: 05/09/2014 Entry ID: 4152346 Wilks’s 1993 Missouri escape-from-custody conviction was a violent felony for section 924(e) purposes. Wilks also alleges that the court failed to explain how it applied the 18 U.S.C. § 3553(a) factors in determining the sentence and did not give adequate weight to Wilks’s physical and mental health problems. Counsel’s motion to withdraw is denied. The case is remanded for further consideration in light of United States v. Tucker, 740 F.3d 1177 (8th Cir. 2014) (en banc). ______________________________ -2- Appellate Case: 12-2424 Page: 2 Date Filed: 05/09/2014 Entry ID: 4152346

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