[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT

No. 97-1813

UNITED STATES OF AMERICA,

Appellee,

v.

ALEJANDRO SAVINON,

Defendant, Appellant.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

[Hon. Joseph A. DiClerico, U.S. District Judge]

Before

Boudin, Circuit Judge, Coffin, Senior Circuit Judge, and Lynch, Circuit Judge.

M. Kristin Spath, Assistant Federal Defender, on brief for appellant.

March 26, 1998

Per Curiam. Alejandro Savinon appeals from his conviction and sentence for conspiring to possess with intent to distribute and to distribute cocaine and cocaine base. Appellate counsel has filed a brief pursuant to Anders v. California,

(1967), and a motion to withdraw. Counsel has notified Savinon of his right to file a supplemental brief, but Savinon has not done so. After thoroughly examining the entire record, we agree that there is no meritorious ground for appeal. Savinon pled guilty at a plea hearing which conformed substantially to Fed. R. Crim. P. 11 requirements. The presentence report ("PSR") provides factual support for the district court's calculation of the applicable guideline imprisonment range. Moreover, Savinon's own version of the facts -- which was filed with the sentencing court -- accepts the PSR's quantities of cocaine powder and cocaine base as accurate. In recognition of Savinon's admission to those facts, the government moved for -- and the court granted -- a three-level reduction for acceptance of responsibility under section 3E1.1 of the United States Sentencing Guidelines, and a downward departure from the applicable guideline imprisonment range under 5K1.1. The court's failure to depart further does not provide a meritorious ground for appeal. See United States v. McAndrews,

(1st Cir. 1993).

Savinon's conviction and sentence are summarily affirmed. See Loc. R. 27.1. Appellate counsel's motion to withdraw is granted.