United States v. Simms

69 F. App'x 524
CourtCourt of Appeals for the Third Circuit
DecidedJune 20, 2003
DocketNo. 02-2983
StatusPublished

This text of 69 F. App'x 524 (United States v. Simms) 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. Simms, 69 F. App'x 524 (3d Cir. 2003).

Opinion

OPINION

FUENTES, Circuit Judge.

On May 17, 2000, in accordance with a written plea agreement, Eddie Simms (“Simms”) pled guilty to a superceding information alleging two counts of Interstate Travel in Aid of Racketeering, in violation of 18 U.S.C. § 1952(a)(3). Thereafter, the District Court sentenced Simms to 60 months of imprisonment on each of the two counts, to be served consecutively, followed by 24 months of supervised release for each count, to be served concurrently. Simms’ counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), expressing his belief that Simms can not raise any non-frivolous issues for our review and directing us, as is required under Anders, to the four issues that he thought Simms might raise on appeal. After he was notified of Counsel’s intent to withdraw, Simms filed a pro se brief raising the issue of whether the supervised release provision of his sentence violated the Sentencing Guidelines and Federal Rule of Criminal Procedure 11(b)(1)(H) by imposing a total sentence longer than the sentence discussed at the plea colloquy. We [526]*526have appellate jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a).

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Brady v. United States
397 U.S. 742 (Supreme Court, 1970)
United States v. Olano
507 U.S. 725 (Supreme Court, 1993)
United States v. Tony Good
25 F.3d 218 (Fourth Circuit, 1994)
United States v. Paul Knobloch
131 F.3d 366 (Third Circuit, 1997)
United States v. Allen Powell, A/K/A Keith Bates
269 F.3d 175 (Third Circuit, 2001)
United States v. Simms
46 F. App'x 63 (Third Circuit, 2002)

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Bluebook (online)
69 F. App'x 524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-simms-ca3-2003.