USA v. Ali Sofyan, No. 05-3448 (8th Cir. 2006)
Annotate this CaseCourt Description: Criminal case - Sentencing. Court is without jurisdiction to review extent of district court's Rule 35(b) sentencing departure.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-3448 ___________ United States of America, Appellee, v. Ali Abdul-Azez Sofyan, Appellant. * * * * Appeal from the United States * District Court for the * District of Nebraska. * * [UNPUBLISHED] * ___________ Submitted: October 18, 2006 Filed: October 24, 2006 ___________ Before SMITH, MAGILL, and BENTON, Circuit Judges. ___________ PER CURIAM. Ali Abdul-Azez Sofyan appeals the sentence the district court1 imposed after granting the government s Federal Rule of Criminal Procedure 35(b) motion to reduce Sofyan s sentence for his substantial assistance. On appeal, Sofyan s counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), in which counsel makes reference to the extent of the reduction in Sofyan s sentence. We have no jurisdiction, however, to review the extent of the district court s Rule 35(b) sentencing departure, see United States v. Coppedge, 135 F.3d 598, 599 1 The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska. (8th Cir. 1998) (per curiam), and upon our independent review under Penson v. Ohio, 488 U.S. 75, 80 (1988), we find no nonfrivolous issues. Accordingly, we dismiss this appeal, and we grant defense counsel s motion to withdraw. ______________________________ -2-
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