United States v. Miseal Ponce-Ponce

67 F.3d 310 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Miseal PONCE-PONCE, Defendant-Appellant. No. 94-10180. United States Court of Appeals, Ninth Circuit. Submitted Sept. 18, 1995. * Decided Sept. 22, 1995. Before: GOODWIN, WIGGINS, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Miseal Ponce-Ponce appeals his 18-month sentence imposed following a guilty plea to criminal contempt in violation of 18 U.S.C. Sec. 401 . Pursuant to Anders v. California, 386 U.S. 738 (1967), Ponce-Ponce's counsel submitted a brief stating no meritorious issues for review and filed a motion to withdraw as counsel of record. 3 Counsel identified two possible sentencing issues for review: whether the district court erred in (1) analogizing his offense to obstruction of justice under U.S.S.G. Sec. 2J1.2 rather than to failure to appear by material witness under U.S.S.G. Sec. 2J1.5; and (2) ruling that Ponce-Ponce's conduct resulted in…