United States v. Napoleon Torres, AKA Napoleon Reyes Torres

33 F.3d 60 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Napoleon TORRES, aka Napoleon Reyes Torres, Defendant-Appellant. No. 94-10066. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1994. * Decided Aug. 25, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Napoleon Torres appeals his 120-month sentence imposed following entry of a guilty plea to possession with intent to distribute more than 100 grams of crystal methamphetamine in violation of 21 U.S.C. Sec. 841 (a)(1). 3 Pursuant to Anders v. California, 386 U.S. 738 (1967), Torres's counsel submitted a brief identifying two possible issues for review: (1) whether the district court erred by imposing the statutory minimum mandatory prison term of 120 months instead of a term within the Guideline range, which was lower than the statutory minimum; and (2) whether the district court erred by failing to depart below the…