142 F3d 446 United States of America v. Logan
142 F.3d 446
UNITED STATES OF AMERICA, Plaintiff-Appellee,
v.
Louis LOGAN, Defendant-Appellant.
No. 93-50563.
D.C. No. CR-93-00080-AWT-1.
United States Court of Appeals,
Ninth Circuit.
Submitted April 20, 1998.**
Decided April 23, 1998.
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Appeal from the United States District Court for the Central District of California A. Wallace Tashima, District Judge, Presiding.
Before BRUNETTI, RYMER, and T.G. NELSON, Circuit Judges.
MEMORANDUM*
Louis Logan appeals his conviction and sentence following a guilty plea for bank robbery in violation of 18 U.S.C. § 2113(a). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Logan's counsel filed a brief stating that she finds no meritorious issues for review, and a motion to withdraw as counsel of record.
Counsel identified two possible issues for review: (1) did the district court err by including Logan's 1986 burglary conviction in his criminal history; and (2) did the district court abuse its discretion by denying Logan a downward departure for severe childhood abuse.
These contentions lack merit. First, we decline to address Logan's criminal history because it would not affect his guidelines range. See United States v. Fuentes, 925 F.2d 1191, 1193 (9th Cir.1991) (per curiam). Second, we lack jurisdiction to review the district court's discretionary refusal to depart downward. See United States v. Pinto, 48 F.3d 384, 389 (9th Cir.1995).
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no issue for review. Accordingly, the motion of counsel to withdraw is GRANTED and the district court's judgment is AFFIRMED.