United States v. James Banh

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James BANH, Defendant-Appellant. No. 93-50185. 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 James Banh appeals his 60-month sentence imposed following entry of a guilty plea to two counts of possession with intent to distribute cocaine in violation of 21 U.S.C. Sec. 841 (a)(1). 3 Pursuant to Anders v. California, 386 U.S. 738 (1967), Banh's counsel submitted a brief identifying two possible issues for review: whether the district court erred by (1) declining to depart downward based on sentence entrapment and (2) failing to depart sua sponte on the basis of youthful lack of guidance. Counsel also filed a motion to withdraw as counsel of record. We have jurisdiction under 28 U.S.C. Sec. 1291 . We review de novo, see United States v…