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United States v. Vaca

Citation: 403 F. App'x 76Docket: No. 10-1164

Court: Court of Appeals for the Seventh Circuit; November 17, 2010; Federal Appellate Court

Narrative Opinion Summary

In this case, the defendant was involved in orchestrating a transaction for five kilograms of cocaine and subsequently pleaded guilty to conspiracy to possess with intent to distribute under 21 U.S.C. §§ 841(a)(1) and 846. Following his guilty plea, the district court imposed the statutory minimum sentence of 120 months, consistent with the guidelines range calculated at 120-135 months, factoring in a reduction for acceptance of responsibility and considering the defendant's criminal history. Appointed appellate counsel submitted an Anders brief, affirming that any potential appeal concerning the sentence would be frivolous. The defendant did not contest this motion, nor did he challenge his conviction or seek to withdraw his plea. The appellate court considered the presumption of reasonableness for a sentence within the guidelines range and acknowledged the district court's consideration of relevant sentencing factors under 18 U.S.C. § 3553(a), including the defendant's criminal background and personal circumstances. Consequently, the appellate court granted the counsel's motion to withdraw and dismissed the appeal, affirming the lower court's sentencing decision.

Legal Issues Addressed

Anders Brief and Frivolous Appeals

Application: Appointed counsel filed an Anders brief, indicating that any appeal would be frivolous, leading to the withdrawal of counsel and dismissal of the appeal.

Reasoning: Vaca’s appointed appellate counsel filed a motion to withdraw under Anders v. California, asserting that any appeal regarding Vaca’s sentence would be frivolous.

Consideration of 18 U.S.C. § 3553(a) Sentencing Factors

Application: The court evaluated and found that there was no basis for appeal regarding the consideration of sentencing factors under 18 U.S.C. § 3553(a).

Reasoning: Counsel also evaluated whether the district court adequately considered the sentencing factors under 18 U.S.C. § 3553(a) and concluded that any challenge would similarly be frivolous.

Conspiracy to Possess with Intent to Distribute under 21 U.S.C. §§ 841(a)(1) and 846

Application: The defendant pleaded guilty to conspiring to possess cocaine with intent to distribute, resulting in a conviction under the specified statutes.

Reasoning: Salvador Vaca brokered a deal for the purchase of five kilograms of cocaine and pleaded guilty to conspiring to possess cocaine with intent to distribute, violating 21 U.S.C. §§ 841(a)(1) and 846.

Presumption of Reasonableness in Sentencing

Application: The appellate court confirmed that a sentence within the guidelines range is presumed reasonable, supporting the dismissal of the appeal.

Reasoning: A sentence within this range is presumed reasonable.

Sentencing Guidelines and Statutory Minimums

Application: The district court sentenced the defendant to the statutory minimum of 120 months, aligning with the calculated guidelines range.

Reasoning: He was sentenced to the statutory minimum of 120 months in prison. The district court calculated Vaca’s sentencing guidelines range as 120-135 months based on a total offense level of 32, a 3-level decrease for acceptance of responsibility, and a criminal history category of III.