Narrative Opinion Summary
Joel Haro appeals a 120-month sentence imposed after his guilty plea for Racketeer Influenced and Corrupt Organizations Conspiracy under 18 U.S.C. § 1962(d) and conspiracy under 21 U.S.C. §§ 841(a)(1)(B)(i), (B)(ii), and 846. Haro's counsel has filed an Anders brief asserting no arguable grounds for relief and a motion to withdraw as counsel. The court provided Haro with the opportunity to submit a pro se supplemental brief, but none was filed. Upon independent review of the record, the court found no arguable grounds for relief, except for Condition 7 of the judgment, which prevents Haro from associating with any member of a “disruptive group.” The court remands the case to the district court to remove this condition from Haro's supervised release terms, referencing United States v. Soltero. Counsel's motion to withdraw is granted. The decision is affirmed in part and remanded in part, with a note that it is not suitable for publication or as precedent, per 9th Cir. R. 36-3.
Legal Issues Addressed
Anders Brief and Counsel Withdrawalsubscribe to see similar legal issues
Application: Haro's counsel filed an Anders brief, indicating no arguable grounds for appeal, and subsequently sought to withdraw from the case, which was granted by the court.
Reasoning: Haro's counsel has filed an Anders brief asserting no arguable grounds for relief and a motion to withdraw as counsel.
Judicial Review of Sentence Conditionssubscribe to see similar legal issues
Application: Upon review, the court identified an issue with Condition 7 of Haro's supervised release, which it remanded for removal due to its broad restriction on association.
Reasoning: Upon independent review of the record, the court found no arguable grounds for relief, except for Condition 7 of the judgment, which prevents Haro from associating with any member of a 'disruptive group.'
Precedent and Publication of Judicial Decisionssubscribe to see similar legal issues
Application: The decision in this case is not intended for publication or as precedent, consistent with circuit rules limiting its future citation.
Reasoning: The decision is affirmed in part and remanded in part, with a note that it is not suitable for publication or as precedent, per 9th Cir. R. 36-3.
Pro Se Supplemental Brief Opportunitysubscribe to see similar legal issues
Application: The court afforded Haro the opportunity to submit a pro se supplemental brief, ensuring his right to personally argue any potential issues for appeal.
Reasoning: The court provided Haro with the opportunity to submit a pro se supplemental brief, but none was filed.
Racketeer Influenced and Corrupt Organizations Act Sentencingsubscribe to see similar legal issues
Application: The defendant, Joel Haro, received a 120-month sentence following his guilty plea under RICO conspiracy, indicating the court's application of statutory penalties for such offenses.
Reasoning: Joel Haro appeals a 120-month sentence imposed after his guilty plea for Racketeer Influenced and Corrupt Organizations Conspiracy under 18 U.S.C. § 1962(d).