United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                    ___________

                                    No. 05-2382
                                    ___________

United States of America,                *
                                         *
             Appellee,                   *
                                         * Appeal from the United States
      v.                                 * District Court for the
                                         * District of Nebraska.
Orin Fredrick Johnson,                   *
                                         * [UNPUBLISHED]
             Appellant.                  *
                                    ___________

                              Submitted: August 7, 2006
                                 Filed: August 14, 2006
                                  ___________

Before RILEY, COLLOTON, and GRUENDER, Circuit Judges.
                            ___________

PER CURIAM.

        Orin Johnson appeals the 46-month prison sentence the district court1 imposed
after he pleaded guilty to one count of conspiring to distribute and possess with intent
to distribute methamphetamine, in violation of 21 U.S.C. § 846. His counsel has filed
a brief under Anders v. California, 

(1967), arguing that the district court
erred in finding that Johnson’s post-arrest rehabilitation was not sufficiently
extraordinary to warrant a downward departure.



      1
      The Honorable Richard G. Kopf, United States District Judge for the District
of Nebraska.
       While atypical post-offense rehabilitation can by itself be the basis for a
discretionary departure under U.S.S.G. § 5K2.0, see United States v. Chapman, 

, 849 (8th Cir. 2004), the denial of such a motion is unreviewable where the
district court recognized its authority to depart downward and declined to do so, see
United States v. Vasquez, 

, 670 (8th Cir. 2006).

      Having reviewed the record under Penson v. Ohio, 

, 80 (1988), we
conclude there are no nonfrivolous issues. Accordingly, we affirm the district court’s
judgment, and we grant counsel leave to withdraw.
                       ______________________________




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