United States of America v. Franklin Infante

NOT PRECEDENTIAL
IN THE UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 02-2811
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UNITED STATES OF AMERICA
v.
FRANKLIN INFANTE,
Appellant
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Appeal from the United States District Court
For the District of New Jersey
D.C. No.: 02-cr-00026
District Judge: Honorable John W. Bissell, Chief Judge
Submitted Under Third Circuit LAR 34.1(a) June 2, 2003
Before: BARRY, FUENTES, and ROSENN, Circuit Judges
(Filed July 9, 2003)
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OPINION OF THE COURT
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ROSENN, Circuit Judge.
The defendant, Franklin Infante, was charged in a criminal complaint with
knowingly and intentionally distributing and possessing with intent to distribute more
than fifty (50) grams of cocaine base, namely crack cocaine. A Federal Public Defender

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was appointed to represent him and on January 16, 2002, he pled guilty to a one-count
information charging him with intent to distribute more than fifty grams of cocaine base
in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A). The defendant entered into a written
plea agreement and timely notified the prosecution of his intention to enter a plea of
guilty. At the sentencing hearing, the defendant moved the District Court pursuant to
U.S.S.G. § 4A1.3 for a downward departure from the sentencing guideline range based on
an overstatement of his criminal history. The court granted the departure, reducing the
criminal history from category IV to category III and the sentencing range from 151-188
months to 135-168 months. The court thereupon imposed a sentence of 140 months
imprisonment and entered judgment accordingly. Infante timely appealed pro se.
Appellant’s appointed counsel filed a motion and brief stating that he had
determined, after a conscientious examination of the case, that “there are no non-frivolous
issues that would support an appeal”and requested permission to withdraw under Anders
v. California, 386 U.S. 738 (1967). The Government also filed a brief and agrees that
there are no issues which would support an appeal and are therefore frivolous. The
prosecution also agrees that the court should grant defense counsel’s motion to withdraw.
A review of the plea hearing reveals that the plea was voluntary and that the plea hearing
and sentencing proceeding complied with all the requisites of Rules 11 and 32.
Accordingly, the judgment of conviction and sentence is affirmed. The motion
for withdrawal by counsel is granted.

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TO THE CLERK:
Please file the foregoing opinion.
/s/ Max Rosenn
Circuit Judge

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