UNITED STATES of America, Plaintiff-Appellee, v. Marcus L. WELTON, Defendant-Appellant, 403 F. App'x 77

Order Our most recent decision in this criminal prosecution remanded to the district court for reconsideration in light of United States v. Corner, 598 F.3d 411 (7th. Cir.2010) (en banc). On remand, the district judge reduced Welton’s sentence from 188 to 151 months’ imprisonment, adjusting for the crack-powder ratio in the Sentencing Guidelines. Welton has taken another appeal. His lawyer has filed an Anders brief, observing that the district court carried out this court’s instructions and that the reduced sentence cannot plausibly be contested as unreasonably high.

Welton was notified of counsel’s position but has not used his opportunity, see Circuit Rule 51, to respond. Counsel’s evaluation of the appeal is accurate. The only issue is how (if at all) to adjust the sentence in light of the discretion recognized by Corner. The district judge used that discretion, and an attack on the 151-month term would be frivolous. Counsel’s motion to withdraw is granted, and the appeal is dismissed as frivolous.