Louis Jimerson v. Raymond M. Meyer

1 The Honorable Charles A. Shaw, United States District Judge for the Eastern
District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 02-4090
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the Eastern
v. * District of Missouri.
*
Doris McKinney, * [UNPUBLISHED]
*
Appellant. *
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Submitted: August 13, 2003
Filed: August 22, 2003
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Before BYE, BOWMAN, and MELLOY, Circuit Judges.
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PER CURIAM.
Doris McKinney appeals her conviction and sentence. A jury found McKinney
guilty of executing a scheme to defraud a financial institution. See 18 U.S.C. § 1344
(2000). The District Court 1 sentenced McKinney to one month of imprisonment and
five years of supervised release, with the condition that she participate in a home-
confinement program for five months. On appeal, McKinney’s counsel has moved

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to withdraw and filed a brief under Anders v. California, 386 U.S. 738, 744 (1967),
arguing that the District Court erred in denying her motion for a downward departure.
The District Court’s discretionary decision not to grant the downward departure
is unreviewable absent an unconstitutional motive. See United States v. VanHouten,
307 F.3d 693, 696 (8th Cir. 2002). Following careful review of the record, we find
no other nonfrivolous issues. See Penson v. Ohio, 488 U.S. 75, 80 (1988).
Accordingly, we affirm the judgment, and we grant counsel’s motion to withdraw.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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