United States v. Gilberto Rivera-Esquer

35 F.3d 573 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gilberto RIVERA-ESQUER, Defendant-Appellant. No. 93-50710. United States Court of Appeals, Ninth Circuit. Submitted Sept. 7, 1994. * Decided Sept. 13, 1994. Before: HALL, WIGGINS, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Gilberto Rivera-Esquer appeals his 120-month sentence following entry of a guilty plea to conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. Secs. 952 (a); 960(a), (b)(1). Pursuant to Anders v. California, 386 U.S. 738 (1967), Rivera-Esquer's counsel filed a brief stating that he finds no meritorious issues for review. Counsel also filed a motion to withdraw as counsel of record. Rivera-Esquer, in a letter directed to counsel for the government, claims that he was told that he would receive a downward departure from the statutory maximum based his substantial assistance to the government, under U.S.S.G. Sec.…