NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Before CANBY, FERNANDEZ and T.G. NELSON, Circuit Judges.
Robert Young Springborn appeals his 87-month sentence following conviction upon entry of a guilty plea to two counts of bank robbery in violation of 18 U.S.C. § 2113(a).
Pursuant to Anders v. California, 386 U.S. 738 (1967), Springborn's counsel submitted a brief stating that he finds no meritorious issues for review. Counsel also filed a motion to withdraw as counsel of record.
Counsel correctly notes that a sentence imposed within the properly calculated United States Sentencing Guidelines range is not appealable. See United States v. Young, 988 F.2d 1002, 1004 (9th Cir.1993). Furthermore, the district court exercised its discretion when determining where to sentence Springborn within the sentencing range, noting that Springborn had received a break when he was allowed to plea bargain out of two additional bank robbery counts and that he had severely traumatized a bank teller during one of the robberies. See United States v. Cervantes-Valenzuela, 931 F.2d 27, 29 (9th Cir.1991).
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83 (1988), discloses no issues for review.
The motion of counsel to withdraw is GRANTED and the judgment is AFFIRMED.
The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P. 34(a); 9th Cir.R. 34-4
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3