United States v. Gregory D. White

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 01-1877
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the District
v. * of Nebraska.
*
Lamar Clark, also known as Gully, * [UNPUBLISHED]
*
Appellant. *
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Submitted: October 29, 2001
Filed: November 7, 2001
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Before LOKEN, FAGG, and MURPHY, Circuit Judges.
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PER CURIAM.
Having pleaded guilty to conspiring to distribute cocaine base, Lamar Clark
appeals the sentence imposed by the district court. Clark's counsel has filed a brief
under Anders v. California, 386 U.S. 738 (1967), in which he argues the court should
have granted Clark's U.S.S.G. § 5K2.0 downward-departure motion. Clark has not
filed a pro se supplemental brief.
Having carefully reviewed the record, we conclude the issue raised by counsel
is unreviewable because the district court was aware of its authority to depart from
the Guidelines. See United States v. Lim, 235 F.3d 382, 385 (8th Cir. 2000). Having

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found no nonfrivolous issues for appeal after reviewing the record independently in
accordance with Penson v. Ohio, 488 U.S. 75 (1988), we affirm the judgment of the
district court, and we grant counsel's motion to withdraw.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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