United States v. Melayne R. Danekas

1 The Honorable Ronald E. Longstaff, Chief Judge, United States District Court
for the Southern District of Iowa.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 01-2330
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Southern District of Iowa.
Rodrigo Duran, * [UNPUBLISHED]
*
Appellant. *
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Submitted: January 16, 2002
Filed: January 22, 2002
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Before WOLLMAN, Chief Judge, HANSEN, and MURPHY, Circuit Judges.
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PER CURIAM.
Following an unsuccessful motion to suppress evidence seized as the result of
wiretap interceptions, Rodrigo Duran pleaded guilty to conspiring to possess with
intent to distribute over 50 grams of methamphetamine, in violation of 21 U.S.C.
§ 846. Consistent with the parties’ plea agreement stipulations, the district court 1
sentenced Duran to 121 months in prison and 5 years of supervised release. On
appeal, Duran’s attorney has filed a brief and moved to withdraw under Anders v.

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California, 386 U.S. 738 (1967). Duran has not filed a pro se supplemental brief,
despite being invited to do so. We affirm Duran’s conviction and sentence.
Counsel’s arguments address the unsuccessful motion to suppress, but Duran
waived the right to challenge its denial by unconditionally pleading guilty to the
offense. See United States v. Beck, 250 F.3d 1163, 1166 (8th Cir. 2001). Having
found no other nonfrivolous issues for appeal upon our independent review pursuant
to Penson v. Ohio, 488 U.S. 75 (1988), we affirm the judgment of the district court,
grant counsel’s motion to withdraw, and deny counsel’s request for oral argument.
See 8th Cir. R. 47B.
The judgment is affirmed.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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