United States v. Goodall

• Court: Court of Appeals for the Tenth Circuit
• Decided: April 21, 2022
• Docket: 21-3112
• Status: Unpublished

Opinion

Appellate Case: 21-3112 Document: 010110673959 Date Filed: 04/21/2022 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT April 21, 2022 ___________________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 21-3112 (D.C. No. 2:19-CR-20070-SRB-4) RYAN GOODALL, (D. Kan.) Defendant - Appellant.

_________________________________________

ORDER AND JUDGMENT * __________________________________________

Before BACHARACH, BALDOCK, and McHUGH, Circuit Judges. ___________________________________________

Mr. Ryan Goodall was convicted after a guilty plea on drug- and gun-

charges (conspiring to possess at least 50 grams of methamphetamine with

intent to distribute, distributing at least 50 grams of methamphetamine, and

possessing a firearm in furtherance of drug trafficking) and sentenced to

* Oral argument would not help, so we decide the appeal based on the record and the parties’ briefs. See Fed. R. App. P. 34(a)(2)(C); 10th Cir. R. 34.1(G).

Our order and judgment does not constitute binding precedent except under the doctrines of law of the case, res judicata, and collateral estoppel. But the order and judgment may be cited for its persuasive value if otherwise appropriate. See Fed. R. App. P. 32.1(a); 10th Cir. R. 32.1(A). Appellate Case: 21-3112 Document: 010110673959 Date Filed: 04/21/2022 Page: 2

124 months’ imprisonment. See 18 U.S.C. § 2; 21 U.S.C. §§ 841(a)(1),

(b)(1)(A)(viii), 846, 924(c). He appeals.

Mr. Goodall’s counsel seeks leave to withdraw, invoking Anders v.

California, 386 U.S. 738 (1967), and stating that any appellate challenges

would be frivolous. We agree with defense counsel that all potential

grounds for appeal would be frivolous. So we grant the motion to withdraw

and dismiss the appeal.

1. Anders v. California

Under Anders v. California, attorneys may seek leave to withdraw

from an appeal when they conscientiously examine a case and determine

that an appeal would be frivolous. Id. at 744. To obtain leave to withdraw,

an attorney must

submit a brief to the client and the appellate court indicating any potential appealable issues based on the record. The client may then choose to submit arguments to the court. The [c]ourt must then conduct a full examination of the record to determine whether defendant’s claims are wholly frivolous. If the court concludes after such an examination that the appeal is frivolous, it may grant counsel’s motion to withdraw and may dismiss the appeal.

United States v. Calderon, 428 F.3d 928, 930 (10th Cir. 2005).

Defense counsel filed a brief, stating that any appellate challenges

would be frivolous; and Mr. Goodall declined to file a pro se brief. So we

rely on (1) defense counsel’s brief and (2) the record on appeal. We engage

in de novo review of the record to determine whether any appellate

2 Appellate Case: 21-3112 Document: 010110673959 Date Filed: 04/21/2022 Page: 3

challenge would be frivolous. United States v. Kurtz, 819 F.3d 1230, 1233

(10th Cir. 2016).

2. Conviction

Our review of the record suggests that the district court complied

with the requirements of Federal Rule of Criminal Procedure 11 and

ensured that Mr. Goodall’s guilty plea was informed, free, and voluntary.

3. Sentence

No reasonable basis exists to challenge the district court’s guideline

calculation, and Mr. Goodall’s sentence dipped below the floor of the

guideline range. We thus presume that the sentence is substantively

reasonable. Rita v. United States, 551 U.S. 338, 347 (2007); United States

v. Kristl, 437 F.3d 1050, 1055 (10th Cir. 2006) (per curiam). Though this

presumption is rebuttable, Mr. Goodall bears the burden of demonstrating

the sentence is unreasonable. Kristl, 437 F.3d at 1055. Mr. Goodall has not

tried to meet that burden.

4. Conclusion

Any appellate grounds would be frivolous, so we grant counsel’s

motion to withdraw and dismiss the appeal.

Entered for the Court

Robert E. Bacharach Circuit Judge