United States v. Dennis Ray Graven

Eighth Circuit

United States v. Dennis Ray Graven

8 F. App'x 575

CourtCourt of Appeals for the Eighth Circuit

DecidedApril 12, 2001

Docket00-2025

StatusUnpublished

This text of 8 F. App'x 575 (United States v. Dennis Ray Graven) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Dennis Ray Graven, 8 F. App'x 575 (8th Cir. 2001).

Pincite

Opinion

PER CURIAM.

Dennis Ray Graven pleaded guilty to conspiring to distribute methamphetamine and cocaine, in violation of 21 U.S.C. § 846, and the district court 1 sentenced him to 120 months imprisonment (the statutory minimum) and 4 years supervised release. On appeal, his counsel has filed a brief and moved to withdraw pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and Graven has not filed a pro se supplemental brief.

Counsel challenges, on due process and separation-of-powers grounds, 18 U.S.C. § 3553(e)’s requirement of a government motion before the district court may impose a sentence below the statutory minimum. This challenge is foreclosed by our precedent. See United States v. Kelley, 956 F.2d 748, 752 (8th Cir.1992) (en banc) (upholding, against separation-of-powers and due process challenges, U.S.S.G. § 5K1.1 requirement of government motion before district court may depart from Guidelines); see also United States v. Marks, 244 F.3d 971, 973 n. 1 (8th Cir. 2001) (equating § 5K1.1 and § 3553(e)); Kelley, 956 F.2d at 751 n. 3 (same).

Having reviewed the record independently pursuant to Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we have found no nonfrivolous issues for appeal. Accordingly, we affirm the judgment of the district court, and we grant counsel’s motion to withdraw.

1

. The Honorable Robert W. Pratt, United States District Judge for the Southern District of Iowa.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Dennis Ray Graven pleaded guilty to conspiring to distribute methamphetamine and cocaine, in violation of 21 U.S.C. § 846, and the district court 1 sentenced him to 120 months imprisonment (the statutory minimum) and 4 years supervised release. On appeal, his counsel has filed a brief and moved to withdraw pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and Graven has not filed a pro se supplemental brief.

Counsel challenges, on due process and separation-of-powers grounds, 18 U.S.C. § 3553(e)’s requirement of a government motion before the district court may impose a sentence below the statutory minimum. This challenge is foreclosed by our precedent. See United States v. Kelley, 956 F.2d 748, 752 (8th Cir.1992) (en banc) (upholding, against separation-of-powers and due process challenges, U.S.S.G. § 5K1.1 requirement of government motion before district court may depart from Guidelines); see also United States v. Marks, 244 F.3d 971, 973 n. 1 (8th Cir. 2001) (equating § 5K1.1 and § 3553(e)); Kelley, 956 F.2d at 751 n. 3 (same).

Having reviewed the record independently pursuant to Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we have found no nonfrivolous issues for appeal. Accordingly, we affirm the judgment of the district court, and we grant counsel’s motion to withdraw.

1

. The Honorable Robert W. Pratt, United States District Judge for the Southern District of Iowa.

Cite This Page — Counsel Stack

Bluebook (online)

8 F. App'x 575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-dennis-ray-graven-ca8-2001.

Opinion

Related

Cite This Page — Counsel Stack