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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 03-1055 ___________ United States of America, * * Appellee, * Appeal from the United States * District Court for the v. * Northern District of Iowa. * Deborah Mae Erenberger, * [UNPUBLISHED] * Appellant. * ___________ Submitted: September 15, 2003 Filed: September 15, 2003 ___________ Before BYE, BOWMAN, and MELLOY, Circuit Judges. ___________ 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 Court1 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(1967), arguing that the District Court abused its discretion in refusing to depart 1 The Honorable Linda R. Reade, United States District Judge for the Northern District of Iowa. 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 (1988), we find no nonfrivolous issues. Accordingly, we affirm. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT. -2-
Document Info
Docket Number: 03-1055
Citation Numbers: 75 F. App'x 559
Filed Date: 9/15/2003
Precedential Status: Non-Precedential
Modified Date: 1/12/2023