United States v. Dank
Docket: No. 08-3372
Court: Court of Appeals for the Seventh Circuit; March 26, 2009; Federal Appellate Court
Lyle Dank pleaded guilty to conspiracy to possess and distribute cocaine under 21 U.S.C. § 846 and § 841(a)(1), receiving a 151-month prison sentence. Dank's appointed lawyer sought to withdraw from the case, citing an inability to find a nonfrivolous basis for appeal, as established in Anders v. California. Dank was invited to respond but did not. Counsel's review highlighted that Dank does not wish to vacate his guilty plea, thus omitting any arguments about the plea's adequacy or voluntariness. The only potential appeal argument identified was regarding the reasonableness of his sentence. Dank was classified as a career offender due to two prior felony convictions. His base offense level was set at 32, reduced by three levels for acceptance of responsibility, resulting in a total offense level that, combined with a criminal history category of VI, led to a sentencing range of 151 to 188 months. The court imposed the minimum sentence within this range. A sentence within a properly calculated guidelines range is generally presumed reasonable, as noted in Rita v. United States and further supported by United States v. Cano-Rodriguez. The sentencing judge considered 18 U.S.C. § 3553(a) factors, including Dank's argument for a lower sentence based on the age of one conviction. However, the judge emphasized Dank's pattern of increasingly serious crimes and his inability to avoid criminal behavior. Given the judge's thorough consideration of the relevant factors, any challenge to the sentence would likely be frivolous. Consequently, counsel's motion to withdraw was granted, and the appeal was dismissed.