United States v. Jessie Paschal

63 F. App'x 970

• Court: Court of Appeals for the Eighth Circuit
• Decided: May 23, 2003
• Docket: 03-1124
• Status: Unpublished

Opinion

PER CURIAM.

Jessie Paschal pleaded guilty to knowingly managing or controlling a place and making it available to another person for the unlawful storage, distribution, or use of a controlled substance, in violation of 21 U.S.C. § 856(a)(2). The district court * granted the government’s motion for a substantial-assistance downward departure, and sentenced Paschal to thirty-three months imprisonment and two years supervised release.

On appeal, Paschal’s counsel moved to withdraw under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and filed a brief arguing the district court should have granted a more substantial downward departure. Although Paschal was granted permission to file a pro se supplemental brief, she has not done so. We reject the argument advanced by Paschal’s counsel because the downward departure is unreviewable. See United States v. Dutcher, 8 F.3d 11, 12 (8th Cir.1993) (extent of district court’s downward departure for substantial assistance is un-reviewable on appeal). Further, having reviewed the record independently under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfriv-olous issues. Accordingly, we grant counsel’s motion to withdraw, and we affirm.

A true copy.

* The Honorable Linda R. Reade, United States District Judge for the Northern District of Iowa.