United States v. Smith

64 F. App'x 844

Opinion

OPINION OF THE COURT

PER CURIAM:

Defendant, Rodney Smith, pled guilty to conspiracy to distribute and possession with intent to distribute more than 100 grams of crack cocaine, heroin, PCP, and marijuana in violation of 21 U.S.C. § 846. After holding an evidentiary hearing, the District Court found the defendant’s base offense level at 26 and a criminal history at category III. The District Court imposed a sentence of 88 months imprisonment, five years of supervised release and a $100.00 special assessment. This timely appeal followed.

Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967) and Third Circuit Local Appellate Rule 109.2(a), defendant’s counsel certifies that, based on her review of the record, she “can find no non-frivolous issues for appeal.” After engaging in an independent review of the record, see United States v. Youla, 241 F.3d 296, 299-300 (3d Cir.2001), we agree and therefore affirm the District Court’s judgment of commitment and sentence. We also grant counsel’s motion to withdraw.