Confidence Aleru v. John Ashcroft

1The Honorable Robert T. Dawson, United States District Judge for the
Western District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-3763
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the Western
* District of Arkansas.
Gary Michael Gatliff, *
* [UNPUBLISHED]
Appellant. *
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Submitted: June 4, 2004
Filed: June 17, 2004
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Before MELLOY, HANSEN, and COLLOTON, Circuit Judges.
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PER CURIAM.
Gary Michael Gatliff pleaded guilty to willfully and knowingly transmitting in
interstate commerce a telephone communication containing a threat to injure a person,
in violation of 18 U.S.C. § 875(c). The district court 1 sentenced him to 18 months
imprisonment and 3 years supervised release. On appeal, he argues that the district
court should have granted his motion for a downward departure based on his reduced
mental capacity. Given the district court’s explicit recognition of its authority to

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depart, its decision not to do so is unreviewable. See United States v. Koons, 300
F.3d 985, 993-94 (8th Cir. 2002). Accordingly, we affirm.
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