United States Court of Appeals FOR THE EIGHTH CIRCUIT
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.
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.
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Appeal from the United States
District Court for the
Southern District of Iowa.
 The HONORABLE HAROLD D. VIETOR, United States District Judge for the Southern District of Iowa.
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. Jerry Gene Dutcher, Appellant., 8 F.3d 11 (8th Cir. 1993)
- U.S. Court of Appeals for the Eighth Circuit - United States of America, Appellee, v. Stanley Sharp, Appellant., 931 F.2d 1310 (8th Cir. 1991)
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