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United States v. Moon

filed*fn*: September 12, 1991.

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
ROBERT MOON, DEFENDANT-APPELLANT



Appeal from the United States District Court for the Eastern District of California; D.C. No. CR-89-0250-EJG; Edward J. Garcia, District Judge, Presiding.

Canby and Kozinski, Circuit Judges, and William Flemming Nielsen,*fn** District Judge.

MEMORANDUM

Guidelines section 5G1.1(b) requires that, should application of the guidelines result in a sentence below the statutory minimum, the statutorily mandated minimum shall be the guideline sentence. Such is the case here. This does not amount to cruel and unusual punishment. United States v Klein, 860 F2d 1489, 1495-99 (9th Cir 1988).

We grant defense counsel's request to withdraw, see Anders v California, 386 U.S. 738 (1967), and affirm the sentence imposed by the district court.

AFFIRMED.

Disposition

AFFIRME ...


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