United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                   ___________

                                   No. 02-4090
                                   ___________

United States of America,               *
                                        *
             Appellee,                  * Appeal from the United States
                                        * District Court for the Eastern
      v.                                * District of Missouri.
                                        *
Doris McKinney,                         *      [UNPUBLISHED]
                                        *
             Appellant.                 *
                                   ___________

                          Submitted: August 13, 2003
                              Filed: August 22, 2003
                                   ___________

Before BYE, BOWMAN, and MELLOY, Circuit Judges.
                          ___________

PER CURIAM.

       Doris McKinney appeals her conviction and sentence. A jury found McKinney
guilty of executing a scheme to defraud a financial institution. See 18 U.S.C. § 1344
(2000). The District Court1 sentenced McKinney to one month of imprisonment and
five years of supervised release, with the condition that she participate in a home-
confinement program for five months. On appeal, McKinney’s counsel has moved




      1
       The Honorable Charles A. Shaw, United States District Judge for the Eastern
District of Missouri.
to withdraw and filed a brief under Anders v. California, 

, 744 (1967),
arguing that the District Court erred in denying her motion for a downward departure.

       The District Court’s discretionary decision not to grant the downward departure
is unreviewable absent an unconstitutional motive. See United States v. VanHouten,

, 696 (8th Cir. 2002). Following careful review of the record, we find
no other nonfrivolous issues. See Penson v. Ohio, 

, 80 (1988).
Accordingly, we affirm the judgment, and we grant counsel’s motion to withdraw.

      A true copy.

             Attest:

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




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