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In Fields, the district court had "attribut[ed] others' conduct to [the] defendants," rather than look at the defendants' conduct alone in determining whether the enhancement should apply.
Summary of this case from United States v. JonesOpinion
The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
D.C. No. CR-95-20093-JW
Editorial Note:This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)
Appeal from the United States District Court for the Northern District of California, James Ware, District Judge, Presiding.
Before BEEZER, O'SCANNLAIN, and THOMAS, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
Tommy Loos appeals the sentence imposed by the district court following his guilty plea to aggravated sexual abuse and assault with a dangerous weapon on an army base (18 U.S.C. §§ 113(a)(3), 2241). His attorney has filed a motion to withdraw as counsel of record and a brief pursuant to Anders v. California, 386 U.S. 738 (1967), stating that he can identify no issues for review.
Our examination of counsel's brief and our independent review of the record under Penson v. Ohio, 488 U.S. 75, 83 (1988), indicates there are no issues for review. Accordingly, counsel's motion to withdraw is GRANTED, and the sentence is AFFIRMED.