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United States v. Porter
Citation: 336 F. App'x 150Docket: No. 08-2498
Court: Court of Appeals for the Third Circuit; July 7, 2009; Federal Appellate Court
Counsel for Frank Porter moved to withdraw as attorney of record under Anders v. California, asserting there are no non-frivolous issues for appeal. The court grants the motion and affirms Porter’s conviction and sentence. Porter was sentenced on October 17, 2001, to fifty-five months in prison and three years of supervised release, which began on March 14, 2005. The Government filed a petition on January 12, 2006, claiming Porter violated the condition of his supervised release by committing new crimes. He pleaded not guilty, but during a May 7, 2008, hearing, evidence was presented, including a New Jersey conviction for aggravated manslaughter and unlawful possession of a weapon. The District Court found Porter guilty of the violations and sentenced him to 24 months in prison, to run consecutively to his state sentence, despite the defense's request for concurrent sentencing. Porter filed a timely notice of appeal on May 16, 2008. Counsel argued that there were no appealable issues, and after providing Porter with a copy of the Anders brief and a 30-day period to file a pro se brief, Porter did not respond. The court undertook a two-part review of the record, confirming that counsel adequately examined it and found no non-frivolous issues. The District Court followed the necessary procedural requirements in determining the violation of supervised release and did not abuse its discretion in imposing a consecutive sentence. The court affirms the judgment, confirming jurisdiction under 18 U.S.C. 3231 and 28 U.S.C. 1291.