DocketNumber： 04-3869
Judges： Melloy, Fagg, Benton
Filed Date： 1/19/2006
Status： Non-Precedential
Modified Date： 11/5/2024
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 04-3869 ___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Nebraska. Perdis Cotton, * * [UNPUBLISHED] Appellant. * ___________ Submitted: January 12, 2006 Filed: January 19, 2006 ___________ Before MELLOY, FAGG, and BENTON, Circuit Judges. ___________ PER CURIAM. Perdis Cotton appeals the 150-month sentence the district court1 imposed after granting the government’s Federal Rule of Criminal Procedure 35(b) motion to reduce Cotton’s sentence for his post-sentencing substantial assistance. His counsel has moved to withdraw and filed a brief under Anders v. California,386 U.S. 738
(1967), arguing that the reduction should have been even greater. Counsel’s argument is unavailing. See United States v. Coppedge,135 F.3d 598
, 599 (8th Cir. 1998) (per curiam) (extent of Rule 35(b) reduction is unreviewable); cf. United States v. 1 The Honorable Thomas M. Shanahan, United States District Judge for the District of Nebraska. Williams,324 F.3d 1049
, 1049-50 (8th Cir. 2003) (per curiam) (refusal to depart further under U.S.S.G. § 5K1.1 is not reviewable unless defendant makes “substantial showing” that court’s decision was based on unconstitutional motive). Having reviewed the resentencing record under Penson v. Ohio,488 U.S. 75
, 80 (1988), we find no nonfrivolous issues. Accordingly, we grant defense counsel’s motion to withdraw, and we affirm. ______________________________ -2-