United States v. Deborah Erenberger

U.S. Court of Appeals for the Eighth Circuit
United States v. Deborah Erenberger, 75 F. App'x 559 (8th Cir. 2003)

United States v. Deborah Erenberger

Opinion

PER CURIAM.

Deborah Erenberger pleaded guilty to aiding and abetting the distribution of approximately 9.8 grams of a substance containing cocaine base, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B) (2000), and 18 U.S.C. § 2 (2000). The District Court 1 sentenced her to fifty-seven months of imprisonment and four years of supervised release. On appeal, counsel has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), *560 arguing that the District Court abused its discretion in refusing to depart downward under United States Sentencing Guidelines § 5K2.0 (2002), based on defendant’s extraordinary post-offense rehabilitation.

The record indicates, however, that the District Court made an entirely discretionary decision not to depart, which is unreviewable on appeal. See United States v. Lim, 235 F.3d 382, 385 (8th Cir. 2000). Following our independent review of the record, see Penson v. Ohio, 488 U.S. 75, 83 n. 6,109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues. Accordingly, we affirm.

1

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

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Deborah Mae ERENBERGER, Appellant
Status
Unpublished