United States v. Jerry McCoy

Opinion

NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1

United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted November 13, 2008∗ Decided November 14, 2008

Before

FRANK H. EASTERBROOK , Chief Judge

WILLIAM J. BAUER, Circuit Judge

JOEL M. FLAUM , Circuit Judge

No. 08-1674

UNITED STATES OF AMERICA, Appeal from the United Plaintiff-Appellee, States District Court for the Western District of Wisconsin.

v.

No. 3:04-cr-00181-bbc-1

JERRY MCC OY, Barbara B. Crabb, Defendant-Appellant. Chief Judge.

Order

The Anders brief filed by appellant’s counsel concludes that the district court’s decision--an order reducing appellant’s sentence under Fed. R. Crim. P. 35(b), though not by as much as appellant wanted--is not subject to appellate review. See United States v. McGee, 508 F.3d 442 (7th Cir. 2007). Given an opportunity to respond, appellant has not done so. We agree with counsel that pursuing this appeal would be frivolous. Counsel’s motion to withdraw is granted, and the appeal is dismissed.

∗ This successive appeal has been submitted to the original panel under Operating Procedure 6(b). After examining the briefs and the record, we have concluded that oral argument is unnecessary. See Fed. R. App. P. 34(a); Cir. R. 34(f).