UNITED STATES v. VARELA MALDONADO (2019)

ORDER AND JUDGMENT *

After examining defense counsel’s Anders brief and the appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). This case is therefore ordered submitted without oral argument.

Defendant Juan Carlos Varela-Maldonado pled guilty to conspiring to distribute methamphetamine, distributing methamphetamine, possessing methamphetamine with intent to distribute, and illegally possessing firearms and ammunition. The district court calculated an advisory sentencing range of 168 to 210 months and sentenced Defendant to a total sentence of 150 months of imprisonment.

Defendant filed a timely notice of appeal. His appellate defense counsel subsequently filed a brief asserting that there are no non-frivolous issues to appeal and seeking to withdraw as counsel pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Defendant and the government were both given the opportunity to file a response to the Anders brief, but neither has chosen to do so.

When defense counsel files an Anders brief, we conduct “a full examination of all the proceedings[ ] to decide whether the case is wholly frivolous.” Id. at 744, 87 S.Ct. 1396. We have reviewed the entire record in this case and have seen nothing which would call into question the validity of Defendant’s plea of guilty, the correctness of the district court’s sentencing determinations, or the reasonableness of the below-guidelines sentence imposed by the district court. Nor does the record reveal any other potentially meritorious issues that Defendant could pursue on appeal.

We accordingly GRANT defense counsel’s motion to withdraw and DISMISS the appeal.

Monroe G. McKay, Circuit Judge