United States v. Washington

358 F. App'x 309
CourtCourt of Appeals for the Third Circuit
DecidedDecember 16, 2009
DocketNo. 08-4181
StatusPublished

This text of 358 F. App'x 309 (United States v. Washington) 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. Washington, 358 F. App'x 309 (3d Cir. 2009).

Opinion

OPINION OF THE COURT

VAN ANTWERPEN, Circuit Judge.

Appellant Kemyah R. Washington’s counsel has filed a motion to withdraw as counsel pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396,18 L.Ed.2d 493 (1967). Washington has filed informal and supplemental pro se briefs in opposition to his counsel’s motion, and the United States has filed a brief in support of counsel’s motion. Because Washington’s counsel has complied with his duties under Anders and because this Court is satisfied there are no non-frivolous issues for direct appeal, we will grant counsel’s motion to withdraw and dismiss the appeal.

I.

Because we write solely for the parties, we will address only those facts necessary to our opinion.

On April 7, 2008, Washington was charged in a one-count information with violating 21 U.S.C. § 841(a) for the intentional and knowing possession of, with intent to distribute, cocaine base. On the same date, Washington entered into a plea agreement with the United States under which he waived his right to a grand jury indictment and agreed to plead guilty to the information. The plea agreement advised Washington that the maximum imprisonment for violating § 841(a) is twenty years.

On April 24, 2008, Washington appeared before the District Court to change his plea to guilty. At this hearing, Judge Rambo conducted a thorough colloquy, explaining to Washington his trial rights and that he would be waiving those rights. After Washington admitted to committing the acts as the government charged, Judge Rambo concluded that Washington’s plea was voluntary and had a basis in fact for all elements of the charge. Consequently, [312]*312the District Court accepted Washington’s guilty plea.

On August 6, 2008, Washington appeared before the District Court for sentencing. After addressing Washington’s objections to the Presentence Investigation Report, the District Court heard argument from the parties and testimony from Washington’s character witnesses. The court imposed a sentence of 175-months’ imprisonment, three years of supervised release, a $500 fíne, a $500 order of community restitution, and a $100 special assessment. Judge Rambo declined the parties’ request for a downward departure for Washington’s cooperation and declined Washington’s request for a downward variance based on his “character as of th[e sentencing] date.”

II.

The District Court had subject matter jurisdiction under 18 U.S.C. § 8281. This Court has appellate jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a). We exercise plenary review over an Anders motion. See Penson v. Ohio, 488 U.S. 75, 82-83 & n. 6, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988).

Under Anders, our inquiry is two-fold: (1) whether counsel adequately fulfilled the requirements of Third Circuit Local Appellate Rule 109.2(a),1 and (2) whether an independent review of the record presents any non-frivolous issues. United States v. Coleman, 575 F.3d 316, 319 (3d Cir.2009). Thus, Washington’s counsel must satisfy us that he has thoroughly scoured the record in search of appealable issues and then must explain why those issues are frivolous. Id. Where the Anders brief initially appears adequate on its face, the proper course is for the appellate court to be guided in reviewing the record by the Anders brief itself. See United States v. Youla, 241 F.3d 296, 301 (3d Cir.2001) (dicta). If it is adequate, we confine our review to those portions of the record identified in the Anders brief, as well as issues raised in a defendant’s pro se brief. Id.

III.

Following an unconditional guilty plea, a defendant is limited to only three appeal-able issues: (1) the district court’s jurisdiction, (2) the validity of his or her plea, and (3) the reasonableness and legality of his or her sentence. See Menna v. New York, 423 U.S. 61, 62 n. 2, 63, 96 S.Ct. 241, 46 L.Ed.2d 195 (1975) (per curiam) (concluding that valid guilty plea waives preceding constitutional errors, unless related to court’s power to “hal[e] a defendant into court on a charge”); 18 U.S.C. § 3742(a) (granting appellate court’s authority to review sentences); see also United States v. Broce, 488 U.S. 563, 569, 109 S.Ct. 757, 102 L.Ed.2d 927 (1989) (holding that following unconditional guilty plea, defendant may only collaterally attack validity of plea and [313]*313court’s power to enter conviction or impose sentence).

Washington’s counsel correctly identified these three issues in his Anders brief. In concluding that Washington had no non-frivolous arguments for these issues, counsel recognized applicable precedent, made arguments, and cited to the record to support the arguments that these issues were not meritorious. Accordingly, this Court is satisfied that counsel’s Anders brief is adequate on its face and, therefore, we constrain our review of the record to those portions identified in the Anders brief and Washington’s fro se briefs.

We agree that none of these three issues raises a non-frivolous argument. Both counsel and the United States argue that the District Court had jurisdiction under 18 U.S.C. § 3281. We agree.

Counsel and the United States also argue that Washington’s plea was valid. After a review of the District’s Court’s thorough colloquy with Washington at the change of plea hearing, we concur.

Furthermore, we find that the sentence imposed by the District Court was legal and reasonable and, therefore, this issue presents no meritorious argument. This Court engages in a procedural and substantive review of sentences. See United States v. Lessner, 498 F.3d 185, 203 (3d Cir.2007). Procedurally, the District Court must (1) correctly calculate the applicable Sentencing Guidelines range; (2) formally rule on the motions of both parties and state on the record whether the court is granting a departure and how that departure effects the guidelines range; and (3) consider all of the factors under 18 U.S.C. § 3553(a)2 and adequately explain the chosen sentence in a manner that allows for meaningful appellate court review of the reasonableness of the sentence.

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Menna v. New York
423 U.S. 61 (Supreme Court, 1975)
Penson v. Ohio
488 U.S. 75 (Supreme Court, 1988)
United States v. Broce
488 U.S. 563 (Supreme Court, 1989)
Gall v. United States
552 U.S. 38 (Supreme Court, 2007)
United States v. Lydia Cooper
437 F.3d 324 (Third Circuit, 2006)
United States v. Leo F. Schweitzer, III
454 F.3d 197 (Third Circuit, 2006)
United States v. Johnny Gunter
462 F.3d 237 (Third Circuit, 2006)
United States v. Coleman
575 F.3d 316 (Third Circuit, 2009)
United States v. Lessner
498 F.3d 185 (Third Circuit, 2007)

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Bluebook (online)
358 F. App'x 309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-washington-ca3-2009.