United States v. Scaife
Opinion of the Court
ORDER
Solomon Scaife pleaded guilty to one count of conspiracy, 18 U.S.C. § 371, one count of mail fraud, 18 U.S.C. § 1341, and two counts of interstate transportation of stolen money, 18 U.S.C. § 2314. Scaife had operated several businesses that purportedly financed, designed, built, and furnished new churches throughout the country, but instead defrauded the congregations out of approximately $700,000. Scaife was sentenced to concurrent 32 month terms of imprisonment on each count, three years of supervised release, and restitution. Scaife filed a timely notice of appeal, but his appointed counsel seeks to withdraw under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), because he considers an appeal to be without merit or possibility of success. Scaife was notified that he could respond to counsel’s Anders brief pursuant to Circuit Rule 51(b), but he did not. Counsel’s brief is adequate on its face, so we limit our review of the record to the potential issues it identifies. See United States v. Tabb, 125 F.3d 583, 584 (7th Cir. 1997) (per curiam).
Counsel first considers whether Scaife might contend that his plea colloquy did not satisfy Rule 11 of the Federal Rules of Criminal Procedure. Because
Counsel next suggests that Scaife might argue that the district court erred in calculating the amount of loss attributable to Scaife’s relevant conduct. Counsel notes, however, that Scaife stipulated to the amount of loss as $700,648.13 in his plea agreement. Furthermore, at his change of plea hearing, Scaife agreed with the government’s proffer, which pegged the loss at $700,648.13. Counsel correctly observes that facts stipulated to in a plea agreement are conclusively admitted. United States v. Newman, 148 F.3d 871, 878 (7th Cir. 1998). Any argument Scaife may raise that the district court erred in calculating this amount or in refusing to hold an evidentiary hearing to determine the amount would therefore be frivolous.
Accordingly, we GRANT counsel’s motion to withdraw and DISMISS the appeal.
Reference
- Full Case Name
- United States v. Solomon SCAIFE
- Status
- Published