LAW.coLAW.co

UNITED STATES of America, Appellee, v. Nathan J. JARVIS, Appellant

United States Court of Appeals for the Eighth Circuit2001-09-17No. No. 99-4143
18 F. App'x 457

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority 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 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.

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