United States v. Sanchez

61 F. App'x 813
CourtCourt of Appeals for the Third Circuit
DecidedMarch 21, 2003
Docket02-3041
StatusUnpublished

This text of 61 F. App'x 813 (United States v. Sanchez) 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. Sanchez, 61 F. App'x 813 (3d Cir. 2003).

Opinion

OPINION OF THE COURT

RENDELL, Circuit Judge.

Pursuant to an agreement with the government, Wilfredo Sanchez pled guilty to a single count of distribution and possession with intent to distribute heroin. The plea agreement also stipulated that for sentencing purposes Sanchez had an offense level of 29 and a criminal history category of VI, resulting in a sentencing range of 151-188 months. After determining that Sanchez’s plea was informed, voluntary, and fully consistent with the entire plea agreement, the District Court denied Sanchez’s request for a downward departure and sentenced him to 188 months. Sanchez now appeals. The District Court had jurisdiction under 18 U.S.C. § 3231, and we exercise jurisdiction under 28 U.S.C. § 1291. We will affirm.

Sanchez’s counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), asserting that there are no non-frivolous issues raised in this appeal and requesting to withdraw as counsel. In reviewing an Anders brief, we inquire (1) whether counsel adequately represented the client’s case, and (2) whether an independent review of the record presents any non-frivolous issues. See United States v. Youla, 241 F.3d 296 (3d Cir.2001); United States v. Marvin, 211 F.3d 778 (3d Cir.2000). Although counsel is not under a duty to “raise and reject every possible claim” he or she must at a minimum meet the level of conscientiousness set forth in Anders. Youla, 241 F.3d at 300. In Marvin we stated that generally “we will reject briefs ... in which counsel argue the purportedly frivolous issues aggressively without explaining the faults in the arguments, as well as those where we are not satisfied that counsel adequately attempted to uncover the best arguments for his or her client.” Marvin, 211 F.3d at 781.

Here we are concerned that counsel has not fulfilled the requirements of conscientiousness. There is little indication that counsel has “attempted to uncover the best arguments” for his client, let alone that he has done so “adequately.” Id. Counsel’s brief suggests and rejects two possible bases for appeal, but raises neither clearly. *815 In contrast, Sanchez’s pro se brief raises and argues a number of independent issues, only one of which was discussed in counsel’s brief. Even if the issues lack merit, counsel is obligated to “mention all the issues raised by his client and assure us that he has considered them and found them patently without merit.” Marvin, 211 F.3d at 781; Youla, 241 F.3d at 301.

Given the failings in counsel’s Anders brief, we must reject counsel’s request to withdraw unless we are convinced that the frivolousness of the issues raised in the appeal is patent. Marvin, 211 F.3d at 781. In Youla, we held that even where counsel’s Anders brief is inadequate, if the pro se brief provides adequate guidance concerning the issues appellant seeks to raise on appeal, we will confine our scrutiny of the record to those issues raised in the Anders and pro se briefs. Youla, 241 F.3d at 301. We are satisfied after our independent scrutiny of the relevant portions of the record that the issues raised here are without merit.

First, Sanchez’s counsel suggests the possibility that Sanchez’s plea was not voluntarily made. See Fed.R.Crim.P. 11. There is absolutely no evidence, however, of involuntariness; the District Court engaged in an extensive colloquy with Sanchez to ensure that the plea was informed and voluntary.

Second, Sanchez cites 21 U.S.C. § 851(a)(1), and argues that the District Court could not use his previous criminal convictions to enhance his sentence because the government did not file an Information stating in writing that it intended to rely on those convictions. Such an argument is clearly precluded by our decision in United States v. Day, 969 F.2d 39 (3d Cir.1992), in which we held that “subsection 851(a)(1) requires the government to file a pretrial information only if it intends to seek a sentence beyond the maximum provided by the statute,” and that “the government is not required to file a pretrial information to subject a defendant to sentencing as a career offender.” Id. at 48.

Third, Sanchez argues that he was denied due process because the indictment failed to specify a particular quantity of drugs, invoking the requirements of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). However, as the government was not seeking, and the District Court did not impose, a sentence above the statutory minimum, there was no requirement that the indictment include a specific drug amount. See, e.g., United States v. Vazquez, 271 F.3d 93, 98 (2001) (“[A]n Apprendi violation only occurs if the drug quantity is not found by a jury beyond a reasonable doubt and the defendant’s sentence under § 841 exceeds 20 years.”). To the extent Sanchez also claims that his plea was unknowing because the indictment did not specify the quantity of drugs involved, that claim is wholly undermined by the record, which makes clear that Sanchez made a voluntary plea with full knowledge of the sentencing range facing him.

Fourth, Sanchez asserts that the District Court erred in finding him to be a career offender because his three prior felony drug convictions were “related cases” that were consolidated for sentencing and, thus, should not have been counted as separate convictions under the Sentencing Guidelines. Sanchez’s plea agreement, however, stipulated to the fact that he was a career offender. Further, we note that Sanchez’s three convictions were separated in time by intervening arrests. As the relevant guideline commentary clearly provides that such offenses are not to be considered related, see U.S.S.G. § 4A1.2 cmt. 3; United States v. Hallman, 23 F.3d 821, 825 (3d Cir.1994), *816 Sanchez’s sentencing as a career offender was wholly proper.

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Apprendi v. New Jersey
530 U.S. 466 (Supreme Court, 2000)
United States v. Reginald Hallman
23 F.3d 821 (Third Circuit, 1994)
United States v. Donald Wayne Marvin
211 F.3d 778 (Third Circuit, 2000)
United States v. Charles Torres
251 F.3d 138 (Third Circuit, 2001)
United States v. Alex Vazquez
271 F.3d 93 (Third Circuit, 2001)

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Bluebook (online)
61 F. App'x 813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-sanchez-ca3-2003.