Nabalta
United States v. Nabalta
Opinion
Lead Opinion
MEMORANDUM **
Alberto Ogo Nabalta appeals the 96-month sentence imposed by the district court following his guilty plea to conspiracy to import methamphetamine, in violation of 21 U.S.C. §§ 952 , 960, and 963. We have jurisdiction under 28 U.S.C. § 3742 . Nabalta’s counsel has filed a motion to withdraw as counsel and a brief pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), identifying one potential issue for review. Nabal-ta has not filed a pro se supplemental brief.
Counsel contends that the court may have abused its discretion by not granting a further downward departure under § 5K1.1, based on Nabalta’s substantial assistance to the government. This court however lacks jurisdiction to review the extent of the district court’s downward departure. See United States v. Vizcarra-Angulo, 904 F.2d 22, 23 (1990) (concluding that appellate court lacks jurisdiction to review the extent of a downward departure).
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (1988), discloses no further issues for review. Accordingly, counsel’s motion to withdraw is GRANTED, and the district…