United States v. Gary Michael Gatliff

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-3763
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the Western
* District of Arkansas.
Gary Michael Gatliff, *
* [UNPUBLISHED]
Appellant. *
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Submitted: June 4, 2004
Filed: June 17, 2004
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Before MELLOY, HANSEN, and COLLOTON, Circuit Judges.
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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 court1 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 district court’s explicit recognition of its authority to
1
The Honorable Robert T. Dawson, United States District Judge for the
Western District of Arkansas.
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.
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