United States v. Rankin

365 F. App'x 358
CourtCourt of Appeals for the Third Circuit
DecidedFebruary 12, 2010
DocketNo. 08-4896
StatusPublished
Cited by1 cases

This text of 365 F. App'x 358 (United States v. Rankin) 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. Rankin, 365 F. App'x 358 (3d Cir. 2010).

Opinion

[360]*360OPINION OF THE COURT

DIAMOND, District Judge.

On May 7, 2008, after a three-day trial, the jury convicted Usiku Rankin of drug trafficking and firearms offenses. Rankin timely appealed, and his counsel submitted a brief and motion to withdraw pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Rankin filed two pro se briefs in support of his appeal. For the reasons that follow, we will grant Counsel’s motion and affirm Rankin’s conviction and sentence.

I.

We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a).

II.

Because we write primarily for the Parties, we will set forth only those facts necessary to our analysis. On January 30, 2008, the grand jury sitting in the Middle District of Pennsylvania charged Rankin with two counts of possession of firearms in furtherance of drug trafficking; one count of distribution and possession with intent to distribute cocaine base, heroin, and marijuana; one count of distribution and possession with intent to distribute cocaine base, heroin, and marijuana in a school zone; one count of possession of firearms by a convicted felon; one count of possession of body armor by a convicted felon; and one count of use of a communication facility to facilitate drug trafficking. See 18 U.S.C. § 924(c)(1)(A)®; 21 U.S.C. § 841(a)(1); 21 U.S.C. § 860(a) and (b); 18 U.S.C. § 922(g); 18 U.S.C. § 931(a); 21 U.S.C. § 843(b). The jury convicted Rankin of all charges.

After trial, the District Court granted Rankin’s unopposed motion for acquittal on Count IV (distribution and possession with intent to distribute cocaine base, heroin, and marijuana in a school zone) and Count VI (possession of body armor by a convicted felon). The Court sentenced Rankin to 316 months imprisonment.

Rankin filed a timely notice of appeal. Concluding that he could raise only frivolous appellate issues, Rankin’s counsel submitted a motion to withdraw and a supporting brief.

III.

The Anders Court directed that “if counsel finds his [client’s appeal] to be wholly frivolous, after a conscientious examination of it, he should so advise the court and request permission to withdraw.” 386 U.S. at 744, 87 S.Ct. 1396. In doing so, counsel must submit a brief addressing any issue that “might arguably support the appeal.” Id.; see also L.A.R. 109.2(a). The Court must then determine whether the appeal is “wholly frivolous.” Anders, 386 U.S. at 744, 87 S.Ct. 1396. In making this determination, the Court evaluates: “(1) whether counsel adequately fulfilled the [L.A.R. 109.2(a) ] requirements; and (2) whether an independent review of the record presents any nonfrivolous issues.” United States v. Youla, 241 F.3d 296, 300 (3d Cir.2001).

Our Local Appellate Rule 109.2(a) “reflects the guidelines the Supreme Court promulgated in Anders to assure that indigent clients receive adequate and fair representation.” Youla, 241 F.3d at 300. The Rule requires that, “[w]here, upon review of the district court record, trial counsel is persuaded that the appeal presents no issue of even arguable merit, trial counsel may file a motion to withdraw and supporting brief pursuant to Anders ... which shall be served upon the appellant and the United States.” Id. Once counsel has submitted an Anders motion and brief, we must decide whether the appeal is wholly frivolous. Our inquiry is two-fold, considering first “whether counsel adequately fulfilled the requirements of [Rule [361]*361109.2(a) ],” and, second, “whether an independent review of the record presents any nonfrivolous issues.” Id. (citing United States v. Marvin, 211 F.3d 778, 780 (3d Cir.2000)).

IV.

A.

The first prong of Rule 109.2 requires counsel to present sufficient information “to satisfy the court that counsel has thoroughly examined the record in search of appealable issues, and ... to explain why the issues are frivolous.” Youla, 241 F.3d at 300. Although counsel need not raise and reject every possible claim, he or she must “provide sufficient indicia that he thoroughly searched the record and the law in service of his client so that we might confidently consider only those objections raised.” Id. (internal quotation marks and citations omitted). After thoroughly reviewing the record in this appeal, we conclude that Counsel has satisfied these requirements.

Counsel identifies seven possible issues for appeal: (1) whether the District Court abused its discretion in declining to excuse a juror for cause; (2) whether we should order a new trial because a Government witness testified that she was telling the truth; (3) whether the District Court improperly allowed a Government expert witness to testify about drug trafficking patterns; (4) whether the District Court erroneously allowed the Government to cross-examine a defense witness outside the scope of direct examination; (5) whether the District Court improperly sustained a government hearsay objection; (6) whether the District Court abused its discretion in calculating the Sentencing Guideline range based on drug quantities described by a Government witness; and (7) whether the District Court’s sentence of 316 months imprisonment was unreasonable. Having submitted an appendix with germane portions of the record, Counsel sets forth in his brief a legal discussion of why these seven issues are frivolous.

It is apparent that Counsel thoroughly reviewed both the record and the law. Accordingly, we conclude that he has satisfied the requirements of Rule 109.2(a)’s first prong.

B.

Rule 109.2’s second prong obligates us review the record and independently determine whether there are any nonfrivo-lous issues for appeal. “[A]n appeal on a matter of law is frivolous where ‘[none] of the legal points [are] arguable on their merits.’” Neitzke v. Williams, 490 U.S. 319, 325, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989) (alterations in original) (quoting Anders, 386 U.S. at 744, 87 S.Ct. 1396). Although our review is independent, if the Anders brief appears to be adequate on its face, a “complete scouring of the record” is unnecessary. Youla, 241 F.3d at 301. Instead, we can allow the Anders brief to guide our review. Id. In the instant case, because Counsel’s

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Bluebook (online)
365 F. App'x 358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-rankin-ca3-2010.