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United States v. Richard Alvarado

Citations: 38 F.3d 1218; 1994 U.S. App. LEXIS 36943; 1994 WL 579516Docket: 91-50748

Court: Court of Appeals for the Ninth Circuit; October 21, 1994; Federal Appellate Court

Narrative Opinion Summary

Richard Alvarado appealed a 121-month sentence following his guilty plea for distributing cocaine, violating 21 U.S.C. § 841(a)(1). His counsel submitted a brief under Anders v. California, asserting no meritorious issues for appeal and requested to withdraw from representation. After an independent review of the record, the court found no issues warranting review and granted the counsel's motion to withdraw. The Ninth Circuit affirmed the district court's judgment. The case was deemed suitable for decision without oral argument, and its disposition is not intended for publication or citation outside specific legal doctrines.

Legal Issues Addressed

Affirmation of Lower Court's Judgment

Application: The Ninth Circuit upheld the decision of the district court, affirming the sentence imposed on the appellant.

Reasoning: The Ninth Circuit affirmed the district court's judgment.

Anders Brief Submission

Application: The appellant's counsel submitted an Anders brief, indicating that after a thorough review, no meritorious issues for appeal were found.

Reasoning: His counsel submitted a brief under Anders v. California, asserting no meritorious issues for appeal and requested to withdraw from representation.

Disposition Without Oral Argument

Application: The case was resolved without oral argument, emphasizing the court's decision was straightforward and not intended for wider citation.

Reasoning: The case was deemed suitable for decision without oral argument, and its disposition is not intended for publication or citation outside specific legal doctrines.

Independent Judicial Review

Application: The court conducted an independent review of the record to confirm the absence of appealable issues.

Reasoning: After an independent review of the record, the court found no issues warranting review and granted the counsel's motion to withdraw.