United States v. Brian Bear Heels

1The Honorable Ortrie D. Smith, United States District Judge for the Western
District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-2867
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Western District of Missouri.
Michael L. Jones, *
* [UNPUBLISHED]
Appellant. *
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Submitted: October 6, 2006
Filed: October 18, 2006
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Before SMITH, MAGILL, and BENTON, Circuit Judges.
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PER CURIAM.
Michael Jones appeals the sentence the district court 1 imposed after he pleaded
guilty to being a felon in possession of a firearm, in violation of 18 U.S.C.
§§ 922(g)(1) and 924(a)(2). His counsel has filed a brief under Anders v. California,
386 U.S. 738 (1967), asserting that the district court should have required the
government to file a motion for a downward departure based on Jones’s substantial
assistance.

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-2-
Counsel’s argument is unavailing. See United States v. Romsey, 975 F.2d 556,
557-58 (8th Cir. 1992) (denial of defendant’s substantial-assistance
downward-departure motion was not error where government did not make motion,
even though government did not present its reasons, because plea agreement preserved
government’s discretion whether to make such motion and defendant made no
threshold showing of constitutionally impermissible motive). Having reviewed the
record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous
issues. Accordingly, we affirm the district court’s judgment.
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