Legal Opinion

United States v. Michael Clauff

Court of Appeals for the Eighth Circuit

Decided May 22, 2002No. 01-3476Unpublished

1Per curiam

Michael Clauff pleaded guilty to possessing with intent to distribute 50 grams or more of a mixture or substance containing methamphetamine, in violation of 21 U.S.C. § 841(a)(1). The district court 1 sentenced Clauff to 80 months imprisonment and 4 years supervised release. On appeal, counsel has moved to withdraw under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and has filed a brief arguing that Clauff s criminal history should have been a Category III instead of a Category IV.

The district court did not plainly err in finding Clauff had a Category IV criminal…

2Cases cited4 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Penson v. OhioSupreme Court of the United States · 1988
  3. United States v. Lawrence Fay LarocheCourt of Appeals for the Eighth Circuit · 1996
  4. Goodman v. Pennsylvania Turnpike CommissionCourt of Appeals for the Third Circuit · 2002

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