USA v. Wanda Grother, (8th Cir. 1999) - Case Law - VLEX 18509815

USA v. Wanda Grother, (8th Cir. 1999)

Docket Number:98-1759
CONTENT

United States Court of Appeals FOR THE EIGHTH CIRCUIT

No. 98-1759

United States of America, Appellee, v. Wanda Grother, Appellant.

Submitted: January 26, 1999 Filed: February 1, 1999

Before LOKEN, HEANEY, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

PER CURIAM.

Wanda Grother challenges the sentence imposed on her by the district court1 following her guilty plea to conspiracy to distribute methamphetamine, in violation of 21 U.S.C. § 846. Upon the government§ 5K1.1 (1998) and 18 U.S.C. § 3553(e), the district court granted a 20% departure from the bottom of the Guidelines range of 120-135 months, and sentenced Grother to 96 months imprisonment and 5 years supervised

release. On appeal Grother argues only that the district court abused its discretion by granting no more than a 20% departure. However, we may not review the extent of a district courtÂ’s downward departure under either section 5K1.1 or 3553(e). See United States v. Sharp, 931 F.2d 1310, 1311 (8th Cir. 1991); see also United States v. Dutcher, 8 F.3d 11, 12 (8th Cir.1993). Consistent with our prior order, we have reviewed the record for any nonfrivolous issues, and have found none. See Penson v. Ohio, 488 U.S. 75, 80 (1988). Accordingly, we affirm.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

Appeal from the United States District Court for the Southern District of Iowa.

[UNPUBLISHED]

[1] The HONORABLE HAROLD D. VIETOR, United States District Judge for the Southern District of Iowa.