United States v. Nathan J. Jarvis

18 F. App'x 457

• Court: Court of Appeals for the Eighth Circuit
• Decided: September 17, 2001
• Docket: 99-4143
• Status: Unpublished

Opinion

PER CURIAM.

Nathan J. Jarvis pleaded guilty to distributing methamphetamine, in violation of 21 U.S.C. § 841(a)(1), and the district court 1 sentenced him to 108 months imprisonment and 5 years supervised release. On appeal, Jarvis’s counsel has filed a brief — arguing that the court should have granted Jarvis a downward departure— and has moved to withdraw under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Jarvis has not filed a pro se supplemental brief.

As counsel acknowledges, because the district court was aware of its authority to grant a downward departure, its discretionary decision not to depart is unreviewable. See United States v. Lim, 235 F.3d 382, 385 (8th Cir.2000). After reviewing the record independently pursuant to Pen-son v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we have found no non-frivolous issues for appeal. Accordingly, we affirm the judgment of the district court, and we grant counsel’s motion to withdraw.

1 . The Honorable William G. Cambridge, United States District Judge for the District of Nebraska, now retired.