U.S. Court of Appeals for the Eighth Circuit, 2003

United States v. David Boettger

United States v. David Boettger
U.S. Court of Appeals for the Eighth Circuit · Decided November 6, 2003 · Wollman, Fagg, Arnold
79 F. App'x 951

United States v. David Boettger

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.

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