U.S. Court of Appeals for the Tenth Circuit, 2005

United States v. Romero

United States v. Romero
U.S. Court of Appeals for the Tenth Circuit · Decided August 19, 2005 · Ebel, Henry, McKAY
142 F. App'x 360

United States v. Romero

Opinion

ORDER AND JUDGMENT *

MONROE G. McKAY, Circuit Judge.

After examining the briefs and the appellate record, this panel has determined *361 unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

Defendant pled guilty to possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1). The district court sentenced him to ninety-six months’ incarceration followed by a sixty-month term of supervised release. Defendant filed a timely notice of appeal. Rec., Vol. 1, Tab. 17. Thereafter, Defendant’s counsel filed a brief following the mandate of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), accompanied by a Motion to Withdraw. Defendant also filed a brief articulating the bases he believes entitle him to relief.

According to Defendant’s counsel, there are no arguable appealable issues. Aplt. Anders Br. at 6-9. We have reviewed the record on appeal, as well as Defendant’s brief, and conclude that counsel is correct in determining that there are no non-frivolous issues that can be raised; nothing indicates that the district court erred under United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), when it imposed Defendant’s sentence. Counsel’s brief contains a certificate of service indicating that Defendant was furnished with a copy of counsel’s brief on April 21, 2005. Id. at 11. Accordingly, we GRANT counsel’s Motion to Withdraw and AFFIRM the decision of the trial court.

*

This order and judgment is not binding precedent, except under the doctrines of law of the *361 case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

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