UNITED STATES of America, Plaintiff-Appellee, v. Gonzalo GUERRERO-ARANA, a/k/a Conan; Gonzalo Arana-Guerrero, Defendant-Appellant.
No. 03-50459.
United States Court of Appeals, Ninth Circuit.
Submitted Aug. 4, 2004.
Decided Aug. 13, 2004.
Ronald L. Cheng, Esq., Jason A. Forge, Esq., Office of the U.S. Attorney, Los An-geles, CA, for Plaintiff-Appellee.
Jerry D. Whatley, Santa Barbara, CA, for Defendant-Appellant.
*668Before: SCHROEDER, Chief Judge, W. FLETCHER, Circuit Judge, and WEINER, Senior District Judge.
ORDER AND MEMORANDUM
Counsel has filed a motion pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), to withdraw as counsel. The only possible issue is whether the district court should have departed downward in sentencing.
The district court recognized it had discretion and declined to exercise it. See United States v. Lipman, 133 F.3d 726, 731-32 (9th Cir.1997). There was no error.
The motion to withdraw is granted and the sentence is AFFIRMED.