United States v. Rafael Gonzalez

972 F.2d 1344 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Rafael GONZALEZ, Defendant-Appellant. No. 90-10059. United States Court of Appeals, Ninth Circuit. Submitted July 29, 1992. * Decided Aug. 5, 1992. Before TANG, BEEZER and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Rafael Gonzalez appeals his sentence under the United States Sentencing Guidelines ("U.S.S.G."), following a guilty plea, for conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. §§ 841 (a)(1) and 846, and aiding and abetting in violation of 18 U.S.C. § 2 . Pursuant to Anders v. California, 386 U.S. 738 (1967), Gonzalez's counsel filed a brief raising two possible issues for the first time on appeal: (1) whether the district court erred by not departing downward from the applicable sentencing range based upon Gonzalez's youth pursuant to U.S.S.G. § 5H1.1 and/or his lack of past criminal history pursuant…