No: 05-1835 UNITED STATES OF AMERICA v. Sharron Robinson

051835np-pdfCourt of Appeals for the Third CircuitJul 31, 2006

Full text

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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No: 05-1835
UNITED STATES OF AMERICA
v.
SHARRON ROBINSON
Appellant
Appeal from the United States District Court
for the District of New Jersey
(Crim. No. 04-cr-0554-6)
District Court: Hon. Garrett E. Brown
Submitted Pursuant to Third Circuit LAR 34.1(a)
July 14, 2006
Before: Sloviter, McKee, and Rendell, Circuit Judges
(Opinion filed: July 31, 2006)
McKEE, Circuit Judge
Sharron Robinson appeals the judgment of sentence that was entered following
acceptance of his guilty plea. For the reasons that follow, we will affirm.
Defense counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738,
744 (1967), and asked permission to withdraw. Accordingly, our inquiry turns to “(1)
whether counsel adequately fulfilled the requirements of [Third Circuit LAR 109.2(a)];
and (2) whether an independent review of the record presents any nonfrivolous issues.”

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United States v. Youla, 241 F.3d 296, 300 (3d Cir. 2001).
In addressing the adequacy of an Anders brief, we must be satisfied that counsel
thoroughly examined the record in search of appealable issues, and counsel must explain
why it would be frivolous to pursue any issues that may exist. Youla, 241 F.3d at 300.
Where, as here, counsel’s Anders brief is adequate, our review is guided by the Anders
brief itself. Youla, 241 F.3d at 301.
Counsel represents that he thoroughly examined the entire record, including the
plea agreement and the sentencing transcript, in search of appealable issues. From our
review of the record, we agree that “[t]he record reveals that appellant knowingly and
voluntarily entered a guilty plea . . . pursuant to a negotiated plea agreement . . .”.
Appellant’s Br. at 12. The Rule 11 colloquy was thorough, and Robinson received a
sentence “seven months below the advisory sentencing guideline minimum sentence.” Id.,
at 13. Moreover, as counsel notes, “[t]he District Court set out detailed reasons for the
sentence it imposed, all of which were supported by the record.” Id.
Our review of this record confirms that there are no non-frivolous issues for
appeal. Accordingly, we will affirm the judgment of sentence, and grant counsel’s motion
to withdraw without requiring counsel to file a petition for a writ of certiorari.

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