United States v. Alberto Bota

U.S. Court of Appeals for the Third Circuit
United States v. Alberto Bota, 383 F. App'x 208 (3d Cir. 2010)

United States v. Alberto Bota

Opinion

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Alberto Bota appeals his conviction, following a guilty plea, of conspiracy to distribute and possess with intent to distribute powder cocaine, crack cocaine, and marijuana. His attorney has moved to withdraw his representation under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We will grant the motion to withdraw and will affirm the District Court’s judgment.

This Court’s rules provide that “[wjhere, upon review of the district court record, trial counsel is persuaded that the appeal presents no issue of even arguable merit, counsel may file a motion to withdraw and supporting brief pursuant to Anders.” 3d Cir. LAR 109.2(a). If we concur with trial counsel’s assessment, we “will grant [the] Anders motion, and dispose of the appeal without appointing new counsel.” Id. Accordingly, our “inquiry when counsel submits an Anders brief is thus twofold *209 ... :(1) whether counsel adequately fulfilled the rule’s requirements; and (2) whether an independent review of the record presents any nonfrivolous issues.” United States v. Youla, 241 F.3d 296, 300 (3d Cir. 2001).

Our review of the record has convinced us that trial counsel’s Anders brief is adequate and that there are no nonfrivolous grounds on which to challenge the judgment of conviction. Accordingly, we will grant counsel’s motion to withdraw and will affirm the judgment of the District Court. In addition, we certify that the issues presented in this appeal lack legal merit and thus that counsel is not required to file a petition for writ of certiorari with the Supreme Court. 3d Cir. LAR 109.2(b).

Reference

Full Case Name
UNITED STATES of America v. Alberto Luis BOTA, Appellant
Status
Unpublished