|UNITED STATES OF AMERICA,|
|DEAN EDWARD LETSCHKA, aka Sam Hammer,|
Defendant now appeals his sentence. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.
Defense counsel has filed an Anders brief indicating her belief that there are no non-frivolous issues to be raised on appeal. See Anders v. California, 386 U.S. 738, 744 (1967). Although Anders entitles Defendant to raise additional points in response to counsel's Anders brief, see id., Defendant has made no such filing.
We agree with counsel that Defendant has no non-frivolous claims to pursue on appeal. Defendant simply received the sentence for which he bargained. There is no indication in the record that he did not knowingly and voluntarily enter into the plea agreement. And to the extent Defendant's remarks at the sentencing hearing may be construed as a request for a downward departure, we lack jurisdiction to review the district court's discretionary denial of a downward departure unless the denial was based on an illegal factor or an incorrect application of the Guidelines. United States v. Guidry, 199 F.3d 1150, 1161 (10th Cir. 1999). We see no basis for such an argument in this case.
Accordingly, agreeing with counsel that Defendant's claims are frivolous, we GRANT counsel's request to withdraw and AFFIRM the judgment below.
ENTERED FOR THE COURT
Harris L Hartz
*.This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.