No: 01-3965 UNITED STATES OF AMERICA v. LAMONT ANDERSON a/k/a MARK ANDERSON Lamont Anderson

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No: 01-3965
____________
UNITED STATES OF AMERICA
v.
LAMONT ANDERSON
a/k/a
MARK ANDERSON
Lamont Anderson,
Appellant
Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D.C. Criminal Action No. 99-cr-00732-1)
District Judge: Honorable Clarence C. Newcomer
Submitted Under Third Circuit LAR 34.1(a)
on March 3, 2003
Before: ROTH, BARRY
and FUENTES, Circuit Judges
(Opinion filed : May 7, 2003)

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O P I N I O N
ROTH, Circuit Judge:
Lamont Anderson pled guilty to being a felon in possession of a firearm pursuant
to 18 U.S.C. § 922(g)(1). He stipulated to the underlying predicate offenses for enhanced
sentencing pursuant to 18 U.S.C. § 924(e). He was sentenced to 156 months
imprisonment.
Anderson’s counsel filed a brief pursuant to Anders v. California, 386 U.S. 738
(1967) expressing his belief that there were no non-frivolous issues presented for our
review. As required by Anders, counsel directed us to portions of the record that might
arguably support an appeal. Also, as required by Anders, Anderson was given notice of
his attorney’s desire to withdraw, allowing him the opportunity to raise any issues for
appeal in a supplemental pro se brief. He failed to do so. Anderson’s attorney pointed us
to two possible grounds for appeal: (1) whether Anderson’s guilty plea was knowing and
voluntary, and (2) whether the sentence imposed was legal.
As to the first ground, that Anderson’s plea was not knowingly and voluntarily
taken, pursuant to F.R.Crim.P. 11, the court can accept a plea of guilty only after
determining that the plea is voluntarily, knowingly and intelligently entered and supported
by an ample factual basis. We find from the record that the plea colloquy satisfies the
requirements of F.R.Crim. P. 11.
As to the second ground, that Anderson’s sentence of 156 months imprisonment is

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not legal, Anderson’s offense level under the Sentencing Guidelines called for a sentence
of 262 to 327 months. Pursuant to 18 U.S.C. § 3553(e) and a 5K1.1 motion from the
government, the District Court departed from the Guidelines as permitted in its limited
authority. The District Court decided not to depart further based on Anderson’s criminal
history and his crimes of violence. We find no abuse of discretion in this decision.
Therefore, the sentence imposed upon Anderson was legal.
For the foregoing reasons, we will affirm the judgment of the District Court and
grant counsel’s request to withdraw.

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TO THE CLERK:
Please file the foregoing Opinion.
By the Court,
/s/ Jane R. Roth
Circuit Judge

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