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United States v. Barraza

Citation: 335 F. App'x 175Docket: No. 08-3277

Court: Court of Appeals for the Third Circuit; July 6, 2009; Federal Appellate Court

Narrative Opinion Summary

In this case, the defendant, having pleaded guilty to conspiracy and distribution of methamphetamine and unlawful use of a communication facility, faced a mandatory minimum sentence. The plea arrangement included reductions in offense levels due to acceptance of responsibility and the defendant's minor role. Nonetheless, the court imposed a 120-month sentence as mandated by law. The defendant's counsel, finding no non-frivolous issues for appeal, moved to withdraw under Anders v. California, a motion the court granted while affirming the sentence. The defendant submitted a pro se brief post-deadline, but the court determined the issues raised were not pertinent to the sentencing phase. Jurisdiction was established under 18 U.S.C. 3231 and 28 U.S.C. 1291. Additionally, the defendant's pre-trial motion to suppress evidence had been denied. Ultimately, the court's decisions underscored procedural adherence and the enforcement of statutory sentencing requirements, concluding with the affirmation of the defendant's sentence and the counsel's withdrawal.

Legal Issues Addressed

Acceptance of Responsibility and Minor Participant Reductions

Application: The plea agreement included a stipulation for reductions in offense level for acceptance of responsibility and being a minor participant.

Reasoning: The plea agreement included a stipulation for a two-point reduction for acceptance of responsibility and a three-point reduction for being a minor participant.

Denial of Motion to Suppress Evidence

Application: Before trial, Barraza's motion to suppress evidence was denied by the District Court.

Reasoning: Additionally, prior to trial, Barraza's motion to suppress evidence was denied by the District Court.

Jurisdiction of Federal Courts

Application: The court confirmed its jurisdiction to hear the case under relevant statutory provisions.

Reasoning: The court confirmed its jurisdiction under 18 U.S.C. 3231 and 28 U.S.C. 1291.

Pro Se Submissions and Applicability of Issues

Application: Barraza submitted a pro se brief listing issues for appeal, which the court found inapplicable as they did not arise during sentencing.

Reasoning: Barraza did not file a brief by the deadline but submitted a pro se brief afterward. The court found that the issues listed for appeal were not applicable, as they did not occur during sentencing.

Sentencing Guidelines and Mandatory Minimums

Application: Barraza was sentenced to the mandatory minimum of 120 months as prescribed by law, following a guilty plea to conspiracy and distribution charges.

Reasoning: Barraza pleaded guilty on March 11, 2008, to conspiracy and distribution of methamphetamine and unlawful use of a communication facility. Barraza was sentenced to the mandatory minimum of 120 months on July 22, 2008, as prescribed by law.

Termination of Counsel under Anders v. California

Application: The court allowed Barraza's counsel to withdraw after determining no non-frivolous issues were present for appeal.

Reasoning: Counsel for Jacinto Barraza filed a motion to withdraw under Anders v. California, asserting that there are no non-frivolous issues for appeal.