United States v. Michael D. Simmons

Michael D. Simmons pleaded guilty to being a felon in possession of a firearm, see 18 U.S.C. §§ 922(g)(1), 924(a)(2) (1994). The District Court 1 sentenced him to twenty-seven months of imprisonment and three years of 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 the District Court should have granted a downward departure under § 5H1.4 of the United States Sentencing Guidelines because of Simmons’s artificial leg.

We conclude that the District Court did not plainly…