United States v. Michael L. Jones, No. 05-2867 (8th Cir. 2006)

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Court Description: Criminal case - Sentencing. Claim that the district court should have required the government to file a motion for downward departure rejected.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-2867 ___________ United States of America, Appellee, v. Michael L. Jones, Appellant. * * * * Appeal from the United States * District Court for the * Western District of Missouri. * * [UNPUBLISHED] * ___________ Submitted: October 6, 2006 Filed: October 18, 2006 ___________ Before SMITH, MAGILL, and BENTON, Circuit Judges. ___________ PER CURIAM. Michael Jones appeals the sentence the district court1 imposed after he pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. ยงยง 922(g)(1) and 924(a)(2). His counsel has filed a brief under Anders v. California, 386 U.S. 738 (1967), asserting that the district court should have required the government to file a motion for a downward departure based on Jones s substantial assistance. 1 The Honorable Ortrie D. Smith, United States District Judge for the Western District of Missouri. Counsel s argument is unavailing. See United States v. Romsey, 975 F.2d 556, 557-58 (8th Cir. 1992) (denial of defendant s substantial-assistance downward-departure motion was not error where government did not make motion, even though government did not present its reasons, because plea agreement preserved government s discretion whether to make such motion and defendant made no threshold showing of constitutionally impermissible motive). Having reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues. Accordingly, we affirm the district court s judgment. ______________________________ -2-

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