United States v. Frankie Adams, No. 99-1054 (8th Cir. Sept. 14, 2000). · Go Syfert
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United States
v.
Frankie Adams
99-1054.
Court of Appeals for the Eighth Circuit.
Sep 14, 2000.
Unpublished opinion
Unpublished
United States Court of Appeals
FOR THE EIGHTH CIRCUIT

No. 99-1054
United States of America,Appellee,v.Frankie Adams, also known as“Tank,”Appellant.
Appeal from the United StatesDistrict Court for theDistrict of Minnesota.[UNPUBLISHED]
Submitted: September 7, 2000
Filed: September 14, 2000

Before RICHARD S. ARNOLD, FAGG, and LOKEN, Circuit Judges.

PER CURIAM.

Frankie Adams challenges the sentence imposed by the district court[1] following his guilty plea to conspiracy to distribute and possess with intent to distribute cocaine and cocaine base, in violation of 21 U.S.C. § 846. The district court granted the government’s substantial-assistance departure motion and sentenced Adams to 120 months imprisonment and 5 years supervised release. On appeal, counsel moved to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), challenging the district court&s refusal to depart further and its drug quantity finding. Adams has not filed a pro se supplemental brief.

Both of the arguments fail. We do not review the extent of a substantial-assistance departure, see United States v. Dutcher, 8 F.3d 11, 12 (8th Cir. 1993), and we conclude that the district court did not clearly err in its drug-quantity finding, which is amply supported by the plea-hearing statements of Adams and a coconspirator, as well as by Adams’s testimony at the trial of his coconspirators, see U.S.S.G. § 1B1.3(a)(1)(B); United States v. Mosby, 177 F.3d 1067, 1070 (8th Cir. 1999) (standard of review), cert. denied, 120 S. Ct. 1260 (2000); United States v. Makes Room, 49 F.3d 410, 415 (8th Cir. 1995) (sentencing judge may consider evidence introduced during proceedings involving codefendants); United States v. Wright, 29 F.3d 372, 374 (8th Cir. 1994) (district court may rely on defendant&s admission in determining drug quantity).

In accordance with Penson v. Ohio, 488 U.S. 75 (1988), we also have reviewed the record for any non-frivolous issues and have found none. Accordingly, we now affirm and grant counsel’s motion to withdraw.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.


1 The HONORABLE MICHAEL J. DAVIS, United States District Judge for the District of Minnesota.