United States v. Linda O'Tool , 32 F. App'x 193 ( 2002 )


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  •                     United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 01-3488
    ___________
    United States of America,               *
    *
    Appellee,                   * Appeal from the United States
    * District Court for the
    v.                                * District of Nebraska.
    *
    Linda O’Tool,                           *      [UNPUBLISHED]
    *
    Appellant.                  *
    ___________
    Submitted: April 5, 2002
    Filed: April 10, 2002
    ___________
    Before McMILLIAN, BOWMAN, and MURPHY, Circuit Judges.
    ___________
    PER CURIAM.
    Linda O’Tool challenges the sentence imposed by the District Court1 after she
    pleaded guilty to interstate transportation of stolen property. See 18 U.S.C. § 2314
    (2000). She was sentenced to fifteen months' imprisonment and three years'
    supervised release, and was ordered to pay $197,744.86 in restitution. Her counsel
    has filed a brief and moved to withdraw under Anders v. California, 
    386 U.S. 738
    (1967), and O’Tool has not filed a pro se supplemental brief.
    1
    The Honorable Richard G. Kopf, Chief Judge, United States District Court for
    the District of Nebraska.
    Counsel first argues that the District Court erred in calculating the amount of
    loss and restitution. This argument fails because O’Tool withdrew her objections to
    the presentence report, and the court was entitled to rely on the unobjected-to facts
    in it regarding that amount. See United States v. Allen, 
    75 F.3d 439
    , 442 (8th Cir.
    1996). Counsel also argues that the District Court should have granted a requested
    downward departure, but this matter is unreviewable on appeal because the court
    acknowledged its authority to depart and declined to do so. See United States v.
    Wolf, 
    270 F.3d 1188
    , 1192 (8th Cir. 2001).
    After reviewing the record independently pursuant to Penson v. Ohio, 
    488 U.S. 75
    (1988), we have found no non-frivolous issues. Accordingly, we affirm the
    judgment of the District Court, and we grant counsel’s motion to withdraw.
    A true copy.
    Attest:
    CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
    -2-
    

Document Info

Docket Number: 01-3488

Citation Numbers: 32 F. App'x 193

Judges: McMillian, Bowman, Murphy

Filed Date: 4/10/2002

Precedential Status: Non-Precedential

Modified Date: 11/5/2024