United States v. Gilbert Carrasco-Garcia

979 F.2d 856 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gilbert CARRASCO-GARCIA, Defendant-Appellant. No. 89-10480. United States Court of Appeals, Ninth Circuit. Submitted Oct. 5, 1992. * Decided Nov. 23, 1992. Before HUG, FLETCHER and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Gilbert Carrasco-Garcia appeals the sentence imposed under the Sentencing Guidelines following his entry of a guilty plea to one count of bank robbery, in violation of 18 U.S.C. § 2113 (a). 3 Counsel for Carrasco-Garcia filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), which identified one possible issue for review: whether the district court judge erred in sentencing Carrasco-Garcia to a sentence at the upper end of the Guidelines range when the U.S. Attorney's Office recommended the minimum sentence pursuant to a plea agreement. 4 The district judge is not bound to follow the prosecutor's recommended sentence and has…