United States v. Gregory W. Webster, No. 05-3146 (8th Cir. 2006)

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Court Description: Criminal case - Sentencing. Sentence was not unreasonable.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-3146 ___________ United States of America, Appellee, v. Gregory Webster, Appellant. * * * * Appeal from the United States * District Court for the * District of Nebraska. * * [UNPUBLISHED] * ___________ Submitted: September 7, 2006 Filed: September 22, 2006 ___________ Before SMITH, MAGILL, and BENTON, Circuit Judges. ___________ PER CURIAM. Gregory Webster appeals the 252-month sentence the district court1 imposed after granting the government s Federal Rule of Criminal Procedure 35(b) motion to reduce Webster s sentence for his post-sentencing substantial assistance. In a brief filed under Anders v. California, 386 U.S. 738 (1967), counsel argues that Webster s sentence is excessive and unreasonable. Counsel s argument is unavailing. See United States v. Coppedge, 135 F.3d 598, 599 (8th Cir. 1998) (per curiam) (challenge to extent of district court s departure upon government s Rule 35(b) motion is 1 The Honorable Laurie Smith Camp, United States District Judge for the District of Nebraska. unreviewable because appeal was not based on any criteria listed in 18 U.S.C. ยง 3742(a)); cf. United States v. Noe, 411 F.3d 878, 885 (8th Cir.) (extent of downward departure is not reviewable), cert. denied, 126 S. Ct. 184 (2005); United States v. Williams, 324 F.3d 1049, 1050 (8th Cir. 2003) (per curiam) (refusal to depart is not reviewable unless defendant makes substantial showing that court s decision was based on unconstitutional motive). Having reviewed the record independently under Penson v. Ohio, 488 U.S. 75, 80 (1988), we find no nonfrivolous issues. Accordingly, we deny Webster s motion for appointment of counsel, and we affirm. ______________________________ -2-

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