U.S. Court of Appeals for the Eighth Circuit, 2004

United States v. Gary Michael Gatliff

United States v. Gary Michael Gatliff
U.S. Court of Appeals for the Eighth Circuit · Decided June 17, 2004 · Melloy, Hansen, Colloton
100 F. App'x 604

United States v. Gary Michael Gatliff

Opinion

[UNPUBLISHED]

PER CURIAM.

Gary “Michael Gatliff pleaded guilty to willfully and knowingly transmitting in interstate commerce a telephone communication containing a threat to injure a person, in violation of 18 U.S.C. § 875(c). The district court 1 sentenced him to 18 months imprisonment and 3 years supervised release. On appeal, he argues that the district court should have granted his motion for a downward departure based on his reduced mental capacity. Given the *605 district court’s explicit recognition of its authority to depart, its decision not to do so is unreviewable. See United States v. Koons, 300 F.3d 985, 993-94 (8th Cir. 2002). Accordingly, we affirm.

1

. The Honorable Robert T. Dawson, United States District Judge for the Western District of Arkansas.

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