April 23, 1996
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 95-1285
UNITED STATES,
Appellee,
v.
HECTOR RIVERA SANTANA,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Gilberto Gierbolini-Ortiz, Senior U.S. District Judge]
Before
Selya, Boudin and Stahl,
Circuit Judges.
Arthur R. Silen and Roberts & Newman, P.A. on brief for
appellant.
Guillermo Gil, United States Attorney, and Charles E.
Fitzwilliam, Assistant U.S. Attorney, on Motion for Summary
Disposition for appellee.
Per Curiam. Defendant's counsel has submitted an Anders
brief and motion to withdraw, asserting that there are no
meritorious issues to be raised on appeal. See Anders v.
State of California, 386 U.S. 738, 744 (1967); 1st Cir. Loc.
R. 46.4(a)(4). Defendant has not filed a separate brief, and
the government has moved for summary dismissal of this
appeal. As required by Anders, we have conducted a full
examination of the proceedings. Based on that examination,
we conclude that this appeal is wholly frivolous as it
presents no issue having an arguable basis in law or fact.
The undisputed facts amply support defendant's
conviction of the crimes charged, and the plea change hearing
covered all the necessary points. Further, defendant
received the benefit of the safety valve provision, 18 U.S.C.
3553(f). The court properly proceeded under the sentencing
guidelines to calculate the base offense level for the amount
of cocaine involved and to give defendant the full three-
level credit for his acceptance of responsibility. Defendant
received the minimum sentence and release terms under the
applicable guidelines range. Hence, there is no arguable
appellate issue as to defendant's conviction, plea, and
sentence.
Moreover, no appealable issue arises as to defendant's
requests for an additional downward adjustment or departure.
Defendant did not pursue those requests at the sentencing
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hearing, so they may be deemed waived. In any case he
presented no particular facts justifying such an adjustment
or departure based on either his role in the offense or his
family responsibilities.
Counsel's motion to withdraw is granted, and appellant's
conviction and sentence are affirmed. See 1st Cir. Loc. R.
27.1.
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