United States of America, Plaintiff-appellee, v. Marvin Lee Effinger, Defendant-appellant, 962 F.2d 15 (9th Cir. 1992)

MEMORANDUM^** 

Marvin Lee Effinger appeals his conviction following his guilty plea to distribution of cocaine in violation of 21 U.S.C. § 841 and his 78-month sentence under the Sentencing Guidelines. Pursuant to Anders v. California, 386 U.S. 738 (1967), Effinger's attorney has filed a brief stating that he finds no issues for review. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83 (1988), discloses no issues for review.

The possible issues raised by Effinger lack merit. We do not have jurisdiction to review the district court's use of fact findings regarding other criminal conduct to set Effinger's sentence within a Guidelines range. See United States v. Reed, 914 F.2d 1288, 1290 (9th Cir. 1990). The district court did not err by basing Effinger's sentence on the weight of a mixture or substance containing cocaine. See U.S.S.G. § 2D1.1(c) n.*.

Accordingly, we affirm the district court's judgment and grant the motion of George G. Curtis, Esq., to withdraw as counsel of record.

AFFIRMED.