United States v. David Boettger , 79 F. App'x 951 ( 2003 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-2543
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the District
v. * of Nebraska.
*
David R. Boettger, * [UNPUBLISHED]
*
Appellant. *
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Submitted: November 5, 2003
Filed: November 6, 2003
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Before WOLLMAN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
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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 (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
*
The Honorable Lyle E. Strom, United States District Judge for the District of
Nebraska.
based on our independent review under Penson v. Ohio, 488 U.S. 75, 80 (1988), we
find no nonfrivolous issues.
We thus dismiss this appeal, and grant defense counsel’s motion to withdraw.
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