Mary Sue Shipley v. AR Blue Cross & Blue

1 The HONORABLE GEORGE HOWARD, JR., United States District Judge
for the Eastern District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-1362
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the
v. * Eastern District of Arkansas.
*
Sherri M. Sotherland, * [UNPUBLISHED]
*
Appellant. *
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Submitted: June 3, 2003
Filed: June 9, 2003
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Before LOKEN, Chief Judge, MURPHY, and RILEY, Circuit Judges.
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PER CURIAM.
Sherri M. Sotherland pleaded guilty to one count of knowingly and willfully
executing a scheme to defraud a financial institution, in violation of 18 U.S.C.
§ 1344. The district court 1 sentenced her to 10 months imprisonment and 5 years
supervised release, and to pay restitution of $21,467.94. On appeal, counsel has
moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967),
raising the following issues: whether she was afforded her right of allocution,

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whether the restitution order was proper, and whether the district court should have
departed downward.
These issues lack merit. The sentencing transcript shows that Sotherland was
afforded her right of allocution, see United States v. Kaniss, 150 F.3d 967, 969 (8th
Cir. 1998); the district court properly established a payment schedule for the ordered
restitution, cf. United States v. McGlothlin, 249 F.3d 783, 784-85 (8th Cir. 2001)
(remanding restitution order where sentencing court failed to establish schedule of
restitution payments); and we do not review the district court’s decision not to depart
because there is no indication that it was unaware of its authority to do so, see United
States v. Koons, 300 F.3d 985, 993-94 (8th Cir. 2002).
We have reviewed the record independently under Penson v. Ohio, 488 U.S.
75 (1988), and we find no nonfrivolous issues. Accordingly, we grant counsel’s
motion to withdraw, and we affirm.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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