United States v. Ali Sofyan

¶1 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, 87 S.Ct. 1396, 18 L.Ed.2d 493 (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 (8th Cir.1998) (per curiam), and upon our independent review under Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues. Accordingly, we dismiss this appeal, and we grant defense counsel’s motion to withdraw.