United States v. Brian Bear Heels

1The Honorable Richard G. Kopf, United States District Judge for the District
of Nebraska.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 05-3448
___________
United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* District of Nebraska.
Ali Abdul-Azez Sofyan, *
* [UNPUBLISHED]
Appellant. *
___________
Submitted: October 18, 2006
Filed: October 24, 2006
___________
Before SMITH, MAGILL, and BENTON, Circuit Judges.
___________
PER CURIAM.
Ali Abdul-Azez Sofyan appeals the sentence the district court 1 imposed after
granting the government’s Federal Rule of Criminal Procedure 35(b) motion to reduce
Sofyan’s sentence for his substantial assistance. On appeal, Sofyan’s counsel has
moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738
(1967), in which counsel makes reference to the extent of the reduction in Sofyan’s
sentence. We have no jurisdiction, however, to review the extent of the district court’s
Rule 35(b) sentencing departure, see United States v. Coppedge, 135 F.3d 598, 599

-- 1 of 2 --

-2-
(8th Cir. 1998) (per curiam), and upon our independent review under Penson v. Ohio,
488 U.S. 75, 80 (1988), we find no nonfrivolous issues. Accordingly, we dismiss this
appeal, and we grant defense counsel’s motion to withdraw.
______________________________

-- 2 of 2 --