United States v. Hanson
United States v. Hanson
Opinion of the Court
ORDER
Wesley W. Hanson pleaded guilty to possessing an unregistered firearm in violation of 26 U.S.C. § 5861(d) (count one) and possessing a firearm after a felony conviction in violation of 18 U.S.C. § 922(g)(1) (count two). The district court sentenced Hanson to 120 months’ imprisonment for count one and 188 months’ imprisonment for count two, with the sentences to be served concurrently. The court also sentenced Hanson to three years’ supervised release for count one and five years’ supervised release for count two, to be served concurrently, and a $200 special assessment.
Hanson appeals, 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 counsel believes that all potential appellate issues are frivolous. Hanson has declined our invitation to file a response; see Cir. R. 51(b),
Counsel first considers whether Hanson could challenge his guilty plea on the premise that it was not taken in compliance with Fed.R.Crim.P. 11. Hanson told counsel that he wishes to withdraw his guilty plea to regain the right to challenge the search of his home, and so counsel properly considered this potential issue. See United States v. Knox, 287 F.3d 667, 670-71 (7th Cir. 2002). Nevertheless, because Hanson did not move to withdraw his guilty plea in the district court, our review would be for plain error only. United States v. Vonn, 535 U.S. 55, 59, 122 S.Ct. 1043, 152 L.Ed.2d 90 (2002).
Counsel directs our attention to four omissions in the court’s plea colloquy. First, the court did not inform Hanson of the effect of supervised release. See Fed. R.Crim.P. 11(c)(1).
Counsel next addresses whether Hanson could make a nonfrivolous challenge to his sentence. Hanson advised appellate counsel that he would like to contest the application of § 4B1.4 to his case, which resulted in a higher offense level and longer sentence because Hanson was classified as an armed career criminal. Hanson forfeited this objection by not raising it in the district court, and so we would review the court’s determination only for plain error. United States v. Williams, 258 F.3d 669, 672 (7th Cir. 2001). We
For the foregoing reasons, we GRANT counsel’s motion to withdraw and DISMISS the appeal.
. The 2002 amendments altered the text of former Rule 11(c)(1) so that a court is now expressly required to inform a defendant of the "term” of supervised release but not the “effect” of any supervised release term. See Fed.R.Crim.P. 11(b)(1)(H). This amendment does not apply to Hanson, because he pleaded guilty on October 30, 2002, and the amendments did not take effect until December 1, 2002.
Reference
- Full Case Name
- United States v. Wesley W. HANSON
- Status
- Published