Lopez

United States v. Lopez

Good Law
48 F. App'x 644
United States Court of Appeals for the Ninth CircuitOctober 10, 2002No. 00-50427; D.C. No. CR-96-00734-JSL-3California569 words

Opinion

Lead Opinion

MEMORANDUM **

Antonio Lopez appeals his 121-month sentence following his guilty-plea conviction for knowing and intentional possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841 (a)(1). Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Lopez’s counsel has filed a brief stating that he finds no meritorious issues for review, along with a motion to withdraw as counsel of record. Lopez has filed a pro se supplemental brief.

Counsel and appellant have identified three potential appellate issues. The first issue concerns the district court’s denial of appellant’s request for various downward departures. In light of the district court’s consideration of the asserted grounds for departure raised at sentencing, we lack jurisdiction to review the district court’s discretionary refusal to depart downward. See United States v. Garcia-Garcia, 927 F.2d 489, 491 (9th Cir.1991) (per curiam) (explaining that, where the district court renders judgment without comment in the face of defendant’s request for departure, we assume that the district court correctly knew and applied the law and realized it had authority to depart, but…

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