United States v. Linares-Sandoval

366 F. App'x 364
CourtCourt of Appeals for the Third Circuit
DecidedFebruary 24, 2010
DocketNo. 09-1766
StatusPublished

This text of 366 F. App'x 364 (United States v. Linares-Sandoval) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Linares-Sandoval, 366 F. App'x 364 (3d Cir. 2010).

Opinion

OPINION OF THE COURT

DAVIS, District Judge.

Appellant Manuel Antonio Linares-San-doval pleaded guilty to one count of conspiracy to possess with intent to distribute one kilogram or more of heroin, in violation of 21 U.S.C. § 846, and one count of possession with intent to distribute one kilogram or more of heroin, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A). The District Court imposed a below-Guidelines sentence of 78 months imprisonment and three years supervised release on each count, to run concurrently, as well as a special assessment of $200.00. Sandoval filed a timely notice of appeal.

Defense counsel has filed a motion to withdraw as counsel and has submitted a brief in support of the motion pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Sandoval was given notice of his right to file a pro se brief, but has not submitted such a brief. The United States has filed a brief in support of counsel’s motion. Because this case presents no non-frivolous issues for appeal, we will affirm the District [366]*366Court’s judgment and, in a separate order filed concurrently herewith, we will grant counsel’s motion to withdraw.

I.

Because we write solely for the parties, we will address only those facts necessary to our opinion.

In September 2003, “Maracas” paid an individual to drive a 1991 Pontiac Grand Prix, the battery of which contained five kilograms of heroin, from Texas to New Jersey. While en route, state troopers stopped the individual and discovered the heroin in the vehicle. The individual then agreed to act as a confidential informant (“Cl”) and make a controlled delivery of the heroin to New Jersey. Upon arriving in North Carolina, the Cl phoned Maracas, who told the Cl to contact Sandoval. The Cl then arranged to meet Sandoval in New Jersey. Sandoval paid the Cl $4,000.00 in exchange for the Pontiac containing heroin. After obtaining control of the vehicle, Sandoval drove the vehicle to a Burger King, where he was stopped in the parking lot by an officer. The officer impounded the vehicle, but released Sandoval. In April 2004, Sandoval applied for a position at the United States Embassy in Guatemala. A routine background check revealed that Sandoval was part of a pending DEA investigation. In February 2005, Sandoval was arrested and jailed in Guatemala. He was subsequently extradited to the United States in August 2007.

Sandoval was indicted for conspiracy to possess with intent to distribute one kilogram or more of heroin, in violation of 21 U.S.C. § 846, and possession with intent to distribute one kilogram or more of heroin, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A). On October 20, 2008, he pleaded guilty to both charges. District Judge Jose L. Linares conducted an extensive plea colloquy. Sandoval admitted to the acts charged in the indictment, including that he knew the vehicle contained heroin and that he intended to distribute the heroin. On February 10, 2009, after a thorough discussion of the Sentencing Guidelines and the applicable 18 U.S.C. § 3553(a) factors, the District Court imposed a below-Guidelines sentence of 78 months imprisonment and three years supervised release on each count, to run concurrently, as well as a special assessment of $200.00.

II.

The District Court had subject matter jurisdiction pursuant to 18 U.S.C. § 3231. This Court has appellate jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), and exercises plenary review over an Anders motion. See Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988).

Third Circuit Local Appellate Rule 109.2(a) provides that “[wjhere, upon review of the district court record, counsel is persuaded that the appeal presents no issue of even arguable merit, counsel may file a motion to withdraw and supporting brief pursuant to Anders v. California, 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] (1967)....” When counsel submits an An-ders brief, our inquiry is twofold. First, we must consider “whether counsel adequately fulfilled [Third Circuit Local Appellate Rule 109.2’s] requirements.” United States v. Coleman, 575 F.3d 316, 319 (3d Cir.2009) (quoting United States v. Youla, 241 F.3d 296, 300 (3d Cir.2001)). Counsel must “satisfy the court that [he] has thoroughly examined the record in search of appealable issues” and “explain why the issues are frivolous.” Youla, 241 F.3d at 300 (citing United States v. Marvin, 211 F.3d 778, 780 (3d Cir.2000)). “Counsel need not raise and reject every possible claim. However, at a minimum, he or she must meet the ‘conscientious examination’ standard set forth in Anders.” Youla, 241 F.3d at 300. Second, [367]*367this Court must conduct an independent review of the record and determine whether there are any non-frivolous issues for appeal. Coleman, 575 F.3d at 319. If counsel’s Anders brief is adequate, we con-fíne our review to the issues presented in counsel’s brief and any pro se brief submitted by the defendant. See Youla, 241 F.3d at 301. However, even if counsel’s brief is inadequate, we may still dismiss the appeal if it presents only patently frivolous issues. See Marvin, 211 F.3d at 781.

III.

Counsel’s Anders brief is adequate. When a defendant pleads guilty, three potential issues remain available on appeal: (1) the jurisdiction of the court below; (2) the constitutional and statutory validity of the plea; and (3) the reasonableness and legality of the sentence imposed. See United States v. Broee, 488 U.S. 563, 569-76, 109 S.Ct. 757, 102 L.Ed.2d 927 (1989). Counsel focuses his discussion on the knowing and voluntary nature of Appellant’s guilty plea as well as the reasonableness of Appellant’s below-Guidelines sentence.1 Counsel’s conscientious examination of the plea colloquy and sentencing hearing transcripts reveals no non-frivolous issues for appeal.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Boykin v. Alabama
395 U.S. 238 (Supreme Court, 1969)
Penson v. Ohio
488 U.S. 75 (Supreme Court, 1988)
United States v. Broce
488 U.S. 563 (Supreme Court, 1989)
Gall v. United States
552 U.S. 38 (Supreme Court, 2007)
United States v. Donald Wayne Marvin
211 F.3d 778 (Third Circuit, 2000)
United States v. Leo F. Schweitzer, III
454 F.3d 197 (Third Circuit, 2006)
United States v. Johnny Gunter
462 F.3d 237 (Third Circuit, 2006)
United States v. Coleman
575 F.3d 316 (Third Circuit, 2009)
United States v. Tomko
562 F.3d 558 (Third Circuit, 2009)
United States v. Tidwell
521 F.3d 236 (Third Circuit, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
366 F. App'x 364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-linares-sandoval-ca3-2010.