United States v. Manna

92 F. App'x 880
Court of Appeals for the Third Circuit·Decided March 11, 2004·No. No. 03-1603·Published·Cited by 5 cases

Opinion

OPINION OF THE COURT

FISHER, Circuit Judge.

Appellant-defendant Dahelak Bereket Manna (“Manna”) pled guilty to armed bank robbery in violation of 18 U.S.C. § 2113(d) and using a firearm during and in relation to a crime of violence in violation of 18 U.S.C. § 924(c). Manna asserts several arguments on appeal, ranging from challenges to the district court’s application of certain enhancements under the Sentencing Guidelines to constitutional attacks on §§ 924(c) and 2113(d). Manna’s appellate counsel has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), seeking to withdraw as Manna’s counsel on the ground that Manna has no non-frivolous issues to raise on appeal. Because none of the contentions raised by Manna, or otherwise highlighted by counsel, has any legal merit, we will grant counsel’s motion to withdraw pursuant to Anders, [883] and affirm Manna’s guilty plea and sentence.1

I.

On the afternoon of August 9, 2003, Manna entered the Lafayette Ambassador Bank in Bethlehem, Pennsylvania, leaped over the tellers’ counter, and threatened to shoot the four present tellers if they did not keep their heads down. Manna took cash from the tellers’ stations and fled from the bank. Within ten minutes of the robbery, and only one-half mile from the bank, police apprehended Manna. Police recovered the backpack in which Manna carried the stolen cash; it contained $18,866 in cash,2 as well as a loaded Ruger .357 caliber revolver. Five hours after his arrest, and following the reading of his Miranda warnings, Manna orally confessed to police officers that he had robbed the bank.

A grand jury in the Eastern District of Pennsylvania indicted Manna on one count of armed bank robbery in violation of 18 U.S.C. § 2113(d) (“Count One”) and one count of using and carrying a firearm during and in relation to a crime of violence in violation of 18 U.S.C. § 924(c)(l)(A)(ii) (“Count Two”). Manna pled guilty to both Counts. The district court sentenced Manna to 48 months incarceration on Count One and, because he had brandished a firearm during the armed robbery, to 84 months incarceration on Count Two, the mandatory minimum under 18 U.S.C. § 924(c)(1)(A)(ii). The sentence for Count Two was to be served consecutively to the sentence imposed for Count One. The district court also imposed a term of supervised release of five years, a special assessment of $200, and restitution of $300 to the victim bank.

Manna filed a timely notice of appeal.

II.

In reviewing an Anders brief, we ask (1) whether counsel adequately represented the client’s case, and (2) whether an independent review of the record presents any non-Mvolous issues. United States v. Youla, 241 F.3d 296, 300 (3d Cir.2001). “The duties of counsel when preparing an Anders brief are (1) to satisfy the court that counsel has thoroughly examined the record in search of appealable issues, and (2) to explain why the issues are frivolous.” Youla, 241 F.3d at 300 (citation omitted). Our “inquiry when counsel submits an Anders brief is thus twofold: (1) whether counsel adequately fulfilled the rule’s requirements; and (2) whether an independent review of the record presents any nonfrivolous issues.” Id. (citations omitted). Where a case is wholly frivolous, we “can grant counsel’s motion to withdraw and dismiss the appeal under federal law, or proceed to a decision on the merits if state law so requires.” Id. at 299 (citation omitted). We confine our review “to those portions of the record identified by an adequate Anders brief ... [and] those issues raised in Appellant’s pro se brief.” Id. at 300.

As a result of entering an unconditional guilty plea to the two Counts, Manna waived all possible claims for appellate relief except (1) a claim that the court lacked jurisdiction to accept the plea, (2) a claim that the plea is invalid, as judged by applicable statutory and constitutional standards, and (3) a claim that the sentence imposed for the offenses is illegal. See United States v. Broce, 488 U.S. 563, [884] 109 S.Ct. 757, 102 L.Ed.2d 927 (1989).3 To the extent Manna’s guilty plea does not foreclose the objections he raises here, such objections are reviewed by this Court for “plain error” in accordance with Fed. R. Crim.P. 52(b). United States v. Olano, 507 U.S. 725, 732, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993). Under plain error review, this Court may only grant relief if (1) the district court committed an error, (2) such error was plain, and (3) the plain error affected the “substantial rights” of the defendant. Id. In order for an error to affect “substantial rights,” it must have been “prejudicial,” i.e., “it must have affected the outcome of the district court proceedings.” Olano, 507 U.S. at 734, 113 S.Ct. 1770, 123 L.Ed.2d 508. We will correct a plain error only if it “seriously affect[s] the fairness, integrity, or public reputation of judicial proceedings.” Id. at 732, 113 S.Ct. 1770 (internal quotation marks and citations omitted).

III.

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