United States v. Shalata

U.S. Court of Appeals for the Third Circuit
United States v. Shalata, 57 F. App'x 126 (3d Cir. 2003)
Alito, McKee, Per Curiam, Schwarzer

United States v. Shalata

Opinion

OPINION OF THE COURT

PER CURIAM.

Defendant Joseph Shalata pled guilty to conspiracy to distribute in excess of 100 grams of heroin which resulted in the death of another person, in violation of 21 U.S.C. § 846. The District Court imposed sentence and entered judgment, and this appeal followed.

The defendant contends (1) that the District Court should have lessened his federal sentence by according him full-time credit for a related state conviction and sentence already served and (2) that his guilty plea was not entered voluntarily, knowingly, and intelligently. In accordance with the defendant’s instructions, defendant’s counsel submitted a brief presenting these claims to this Court. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), however, defendant’s counsel submitted a brief certifying that each of the issues raised by the defendant is without merit. We agree.

After reviewing counsel’s Anders brief and engaging in an independent review of the record, see United States v. Youla, 241 F.3d 296, 299-300 (3d Cir. 2001), we find no non-frivolous issues meriting appeal. Accordingly, pursuant to Anders and Third Circuit Local Appellate Rule 109.2(b), we affirm the judgment of the District Court and grant defense counsel’s motion to withdraw.

Reference

Full Case Name
UNITED STATES of America, v. Joseph SHALATA, Appellant
Status
Unpublished