United States of America v. Randy Clark Baker

*Honorable Eugene E. Siler, Jr., Senior Circuit Judge for the United States Court
of Appeals for the Sixth Circuit, sitting by designation.
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 07-4577
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UNITED STATES OF AMERICA
v.
RANDY CLARK BAKER
Appellant.
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On Appeal from the United States District Court
for the Middle District of Pennsylvania
(D.C. Criminal No. 06-cr-00432)
District Judge: The Honorable A. Richard Caputo
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Submitted Under Third Circuit LAR 34.1(a)
October 30, 2008
BEFORE: McKEE, NYGAARD, and SILER, Circuit Judges.*
(Filed: February 4, 2009)

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OPINION OF THE COURT
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NYGAARD, Circuit Judge.
Appellant, Randy Clark Baker, entered into a plea agreement with the
Government, whereby he agreed to plead guilty to one count of unlawful possession of
child pornography. A presentence investigation report was prepared and defense counsel
filed a sentencing memorandum requesting a sentence outside and below the advisory
sentencing range. The District Court sentenced him to 78 months’ incarceration and a
special assessment of $100. We will affirm.
Because we write exclusively for the parties who are familiar with the facts and the
proceedings below, we will not revisit them here. Pursuant to Anders v. California, 386
U.S. 738 (1967), Baker’s appointed counsel has examined the record, concluded that
there are no non-frivolous issues for review, and has requested permission to withdraw.
We, too, have thoroughly examined the record and can find no non-frivolous
issues to be raised in this appeal. Hence, we will affirm the judgment of the District
Court and grant counsel’s motion to withdraw.

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