United States v. James Harper

Order

James Harper was sentenced to 204 months’ imprisonment for crack-cocaine offenses. Last year we remanded so that the district court could consider how to use the discretion it possesses under Kim-brough v. United States, — U.S. -, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007). On remand the judge reduced Harper’s sentence to 188 months. He has appealed a second time, but his lawyer proposes to withdraw, concluding after an analysis under Anders v. California, 386 U.S. 264, 87 S.Ct. 1032, 18 L.Ed.2d 40 (1967), that there is no non-frivolous issue for appeal. Harper was invited to respond, see…