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UNITED STATES of America, Appellee, v. David R. BOETTGER, Appellant

United States Court of Appeals for the Eighth Circuit2003-11-06No. No. 03-2543
79 F. App'x 951

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Opinion

majority opinion

PER CURIAM.

David R. Boettger appeals the district court’s ruling on the government’s Federal Rule of Criminal Procedure 35(b) motion to depart for substantial assistance. Boettger’s counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing the district court should have departed further. We have no jurisdiction to review the extent of the district court’s departure, see United States v. Coppedge, 135 F.3d 598, 599 (8th Cir.1998) (per curiam), and based on our independent review under Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues.

We thus dismiss this appeal, and grant defense counsel’s motion to withdraw.

The Honorable Lyle E. Strom, United States District Judge for the District of Nebraska.