UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff - Appellant,

vs.

JAMES COVINGTON,

Defendant - Appellee.

No. 98-7131

(	D.C. No. 97-CR-58-S)

(E.D. Okla.)

ORDER AND JUDGMENT*

Before ANDERSON, KELLY, and BRISCOE, Circuit Judges.**

Mr. Covington entered a plea of guilty to interstate domestic violence, 18 U.S.C. § 2261(a)(2), and was sentenced to 97 months imprisonment and three years supervised release. With an offense level of 27 and a criminal history category of II, Mr. Covington was sentenced at the top of the guideline range of 78-97 months. See USSG ch. 5, part A (Sentencing Table). He now appeals, contending that the district courts improperly sentenced him at the top of the guideline range. We lack jurisdiction to interfere with the district court's discretion to sentence within the guideline range; no exceptional conditions have been shown. See Koon v. United States, 518 U.S. 81, 97 (1996); United States v. Smith, 81 F.3d 915, 920 (10th Cir. 1996).

Counsel, having filed an Anders brief, has moved to withdraw as attorney of record. The motion is granted.

APPEAL DISMISSED.

Entered for the Court

Paul J. Kelly, Jr.

Circuit Judge