United States v. Michael Coonce, (8th Cir. 2002)
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United States Court of Appeals FOR THE EIGHTH CIRCUIT
No. 01-3967
United States of America, Appellee, v. Michael Coonce, Appellant.
Submitted: April 30, 2002 Filed: May 6, 2002
Before MURPHY, BYE, and RILEY, Circuit Judges.
PER CURIAM.
Michael Coonce pleaded guilty to conspiring to distribute and to possess with intent to distribute in excess of 500 grams of a mixture or substance containing methamphetamine, in violation of 21 U.S.C. § 846. The district court,1 after granting motions for downward departure under U.S.S.G. § 4A1.3 and 18 U.S.C. § 3553(e), sentenced Coonce to 60 months imprisonment and 5 years supervised release. On appeal, counsel has moved to withdraw under Anders v. California, 386 U.S. 738
(1967), and has filed a brief arguing that the district court erred in giving Coonce a
[2] -level firearm enhancement and in denying him a minor-participant reduction.
These arguments are unreviewable because Coonce§ 2D1.1 comment. (n.3); United States v. Calderin-Rodriguez, 244 F.3d 977, 987-88 (8th Cir. 2001); United States v. OÂ’Dell, 204 F.3d 829, 837-38 (8th Cir. 2000). Moreover, following our independent review, see Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues.
Accordingly, we affirm, and we grant counselÂ’s motion to withdraw.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Appeal from the United States
District Court for the
District of Nebraska.
[UNPUBLISHED]
[1] The Honorable Joseph F. Bataillon, United States District Judge for the District of Nebraska.
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This document cites
- U.S. Code - Title 18: Crimes and Criminal Procedure - 18 USC 3553 - Sec. 3553. Imposition of a sentence
- US Code - Title 21: Food and Drugs - 21 USC 846 - Sec. 846. Attempt and conspiracy
- U.S. Supreme Court - Penson v. Ohio, 488 U.S. 75 (1988)
- U.S. Court of Appeals for the Eighth Circuit - United States of America, Appellee, v. Gary O'Dell Appellant., 204 F.3d 829 (8th Cir. 2000)
- U.S. Court of Appeals for the Eighth Circuit - United States of America, Plaintiff - Appellee, v. Miguel Calderin-Rodriguez, Defendant - Appellant. United States of America, Plaintiff - Appellee, v. Alberto Martinez-Mostelier, Defendant - Appellant. United States of America, Plaintiff - Appellee, v. Ricardo Gorrin, Defendant - Appellant. United States of America, Plaintiff - Appellee, v. Ernesto Contreras-Silverio, Defendant - Appellant., 244 F.3d 977 (8th Cir. 2001)
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