United States v. Anthony Frank Nuccio

999 F.2d 545 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Anthony Frank NUCCIO, Defendant-Appellant. No. 92-10655. United States Court of Appeals, Ninth Circuit. Submitted July 6, 1993. * Decided July 13, 1993. Before TANG, POOLE and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Anthony Frank Nuccio appeals his conviction and 63-month sentence, imposed following a guilty plea, for conspiracy to possess lysergic acid diethylamide (LSD) with intent to distribute in violation of 21 U.S.C. §§ 841 (a)(1), 846. Pursuant to Anders v. California, 386 U.S. 738 (1967), Nuccio's counsel filed a motion to withdraw as counsel of record and submitted a brief which identified four possible issues for our review: (1) whether the district court erred by ordering him participate in drug and alcohol counseling as conditions of supervised release because there was no evidence that he used drugs or alcohol; (2) whether the district…