United States of America, Plaintiff-appellee, v. Louis Logan, Defendant-appellant, 142 F.3d 446 (9th Cir. 1998)

MEMORANDUM^* 

Louis Logan appeals his conviction and sentence following a guilty plea for bank robbery in violation of 18 U.S.C. § 2113(a). Pursuant to Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), Logan's counsel filed a brief stating that she finds no meritorious issues for review, and a motion to withdraw as counsel of record.

Counsel identified two possible issues for review: (1) did the district court err by including Logan's 1986 burglary conviction in his criminal history; and (2) did the district court abuse its discretion by denying Logan a downward departure for severe childhood abuse.

These contentions lack merit. First, we decline to address Logan's criminal history because it would not affect his guidelines range. See United States v. Fuentes, 925 F.2d 1191, 1193 (9th Cir. 1991) (per curiam). Second, we lack jurisdiction to review the district court's discretionary refusal to depart downward. See United States v. Pinto, 48 F.3d 384, 389 (9th Cir. 1995).

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 issue for review. Accordingly, the motion of counsel to withdraw is GRANTED and the district court's judgment is AFFIRMED.