United States v. Hobbs
Opinion of the Court
OPINION
Jarrett Hobbs participated in a fraudulent scheme as part of a group law enforcement branded the “Felony Lane Gang.” Traveling from Florida to Pennsylvania, the group broke into cars and stole checkbooks, credit cards, and identification information. They then forged and cashed the checks at Pennsylvania banks and elsewhere. The grand jury charged 'Hobbs and his codefendants (all of whom have since pled guilty and been sentenced) with conspiracy to commit bank fraud and wire fraud; bank fi’aud; wire fraud; and aggravated identity theft. For Hobbs's plea of guilty to the conspiracy charge (18 U.S.C. § 1349), the government recommended a three-level reduction for acceptance of responsibility and agreed to dismiss the three other counts of indictment.
Hobbs raised several objections to the Presentence Investigation Report. But before sentencing, he and the government agreed that, in exchange for his withdraw
Counsel’s Anders brief evinces “conscientious examination” of the record for ap-pealable issues. See Anders, 386 U.S. at 744, 87 S.Ct. 1396.
Upon independent examination of the record, we agree that there are no nonfrivolous arguments Hobbs can make to challenge his sentence.
Because we find no nonfrivolous arguments raised by counsel’s adequate Anders brief and Hobbs has failed to file any reply raising other issues, we will affirm the judgment of conviction and sentence and grant counsel’s motion to withdraw.
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent.
. The District Court had jurisdiction under 18 U.S.C. § 3231 for Hobbs’s violation of 18 U.S.C. § 1349. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a).
. Andéis requires counsel to conscientiously examine the record, 386 U.S. at 744, 87 S.Ct. 1396, and “explain to the court why the issues are frivolous,” United States v. Marvin, 211 F.3d 778, 781 (3d Cir. 2000). “If the court is satisfied that counsel has diligently investigated the possible grounds of appeal, and agrees with counsel’s evaluation of the case,” it may grant the motion and dismiss the appeal. An-ders, 386 U.S. at 741-42, 87 S.Ct. 1396 (citation omitted); see also United States v. Youla, 241 F.3d 296, 299-300 (3d Cir. 2001).
.Where, as here, an Anders brief is facially adequate, we confine our review to those parts of the record identified by the brief. Youla, 241 F.3d at 301. An argument is frivolous if the merits are not arguable. See id. We review the interpretation of the Sentencing Guidelines de novo and factual findings for clear error. United States v. Fumo, 655 F.3d 288, 309 (3d Cir. 2011).
Reference
- Full Case Name
- United States v. Jarrett HOBBS
- Status
- Published