United States of America v. Daniel Rivera

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 03-3097
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UNITED STATES OF AMERICA;
v.
DANIEL RIVERA,
Appellant
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On Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D.C. No. 02-cr-00553)
District Judge: Honorable Petrese B. Tucker
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Submitted Under Third Circuit LAR 34.1(a)
October 25, 2004
Before: SCIRICA, Chief Judge, FISHER and ALDISERT, Circuit Judges.
(Filed: April 5, 2005)
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OPINION OF THE COURT
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FISHER, Circuit Judge.
Pursuant to Anders v. California, 386 U.S. 738 (1967), appointed counsel for the
Appellant Daniel Rivera originally filed a motion to withdraw from representation and an
Anders brief, concluding, inter alia, that the sentence imposed on Appellant by the

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We note, however, some dissatisfaction with the fact that the Anders brief failed1
to even acknowledge the U.S.S.G § 3B1.2 issue, which was clearly important at
sentencing and which formed the basis for the informal brief submitted by Appellant after
the Anders brief was filed.
2
District Court was legal. The appeal was held C.A.V. pending United States v. Booker,
543 U.S. —, 125 S. Ct. 738 (2005), and Appellant’s counsel subsequently informed us by
letter dated February 22, 2005, that Appellant now challenges his sentence under Booker.
We interpret this letter to withdraw counsel’s earlier filed motion to withdraw from
representation, and accordingly do not address whether the Anders brief previously
submitted met the Anders standard.1
Having determined that the sentencing issues Appellant raises are best determined
by the District Court in the first instance, we will vacate the sentence and remand for
resentencing in accordance with Booker.

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