United States v. Simms

69 F. App'x 524
Procedural entryThis page is a short order in United States v. Simms. Read the opinion of the Court — 46 F. App'x 63
Court of Appeals for the Third Circuit·Decided June 20, 2003·No. No. 02-2983·Published

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

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