Ryan Grey v. City of Oak Grove

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 04-2579
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the District
v. * of Nebraska.
*
Jeremy C. Conn, * [UNPUBLISHED]
*
Appellant. *
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Submitted: January 10, 2005
Filed: January 19, 2005
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Before WOLLMAN, FAGG, and BYE, Circuit Judges.
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PER CURIAM.
Jeremy C. Conn pleaded guilty to drug charges and was sentenced to eighty-
four months in prison. In this appeal, Conn’s attorney has moved to withdraw and
filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing the district
court should have departed downward from the otherwise applicable Sentencing
Guidelines range because Conn’s criminal history score overrepresented his criminal
propensities. See U.S.S.G. § 4A1.3(b). This argument fails because the district
court’s discretionary refusal to depart downward is not reviewable on appeal. United
States v. Parks, 364 F.3d 902, 906 (8 th Cir. 2004). Conn has filed a pro se
supplemental brief and his pro se arguments also fail. Having reviewed the Anders

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brief, Conn’s supplemental brief, and the record independently under Penson v. Ohio,
488 U.S. 75 (1988), we find no nonfrivolous issues and thus affirm. We grant
counsel’s motion to withdraw, and deny Conn’s pro se motion for copies of discovery
and grand jury transcripts.
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