United States v. Doris McKinney

74 F. App'x 675

• Court: Court of Appeals for the Eighth Circuit
• Decided: August 22, 2003
• Docket: 02-4090
• Status: Unpublished

Opinion

PER CURIAM.

Doris McKinney appeals her conviction and sentence. A jury found McKinney guilty of executing a scheme to defraud a financial institution. See 18 U.S.C. § 1344 (2000). The District Court 1 sentenced McKinney to one month of imprisonment and five years of supervised release, with the condition that she participate in a home-confinement program for five months. On appeal, McKinney’s counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the District Court erred in denying her motion for a downward departure.

The District Court’s discretionary decision not to grant the downward departure is unreviewable absent an unconstitutional motive. See United States v. VanHouten, 307 F.3d 693, 696 (8th Cir.2002). Following careful review of the record, we find no other nonfrivolous issues. See Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988). Accordingly, we affirm the judgment, and we grant counsel’s motion to withdraw.

A true copy.

1 . The Honorable Charles A. Shaw, United States District Judge for the Eastern District of Missouri.