United States of America v. James E. Felton, Jr

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
NO. 02-1100
UNITED STATES OF AMERICA
v.
JAMES E. FELTON, JR.
Appellant
On Appeal From the United States District Court
For the District of New Jersey
(D.C. Crim. Action No. 98-cr-00476)
District Judge: Honorable Stephen M. Orlofsky
Submitted Pursuant to Third Circuit LAR 34.1(a)
December 13, 2002
BEFORE: FUENTES and STAPLETON, Circuit Judges,
and O’KELLEY,* District Judge
(Opinion Filed: December 18, 2002)
_____________________________
*Honorable William C. O’Kelley, United States District Judge for the District of Northern
Georgia, sitting by designation.

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OPINION
STAPLETON, Circuit Judge:
Appellant, James E. Felton, Jr., pled guilty to having conspired to interfere
with the Internal Revenue Service’s performance of its official duties. He did so pursuant
to a plea agreement in which he voluntarily agreed to waive his right to appeal and/or
collaterally attack his conviction. He was granted a two-level downward departure based on
an extraordinary physical impairment and was sentenced to a term of eighteen months, a
sentence at the bottom of the Guidelines range.
Our review of the record, like that of appellant’s counsel, fails to disclose
any non-frivolous issues for appeal. Thus, in accordance with Anders v. California, 306
U.S. 738 (1967), we will affirm the judgment of the District Court and will grant the
motion of appellant’s counsel to withdraw.
The District Court had jurisdiction pursuant to 18 U.S.C. § 3231. Appellant’s
pleas were knowing and voluntary, and the requirements of Fed. R. Crim P. 11 were
satisfied. The sentence imposed was consistent with the Guidelines, and we have no
jurisdiction to review the extent of the departure.

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The judgment of the District Court will be affirmed.
/s/ Walter K. Stapleton
Circuit Judge

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