United States v. Romero-Flores , 198 F. App'x 744 ( 2006 )


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  •                                                                       F I L E D
    United States Court of Appeals
    Tenth Circuit
    UNITED STATES CO URT O F APPEALS
    October 6, 2006
    TENTH CIRCUIT                      Elisabeth A. Shumaker
    Clerk of Court
    UNITED STATES OF AM ERICA,
    Plaintiff-Appellee,                        No. 05-2327
    v.                                            (D.C. No. CR-05-1307 M CA)
    HUGO ROM ERO-FLORES,                                  (D . New M ex.)
    Defendant-Appellant.
    OR D ER AND JUDGM ENT *
    Before K ELLY, M cK AY, and LUCERO, Circuit Judges.
    After examining the briefs and appellate record, this panel has determined
    unanimously that oral argument would not materially assist the determination of
    this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1(G). The case is
    therefore ordered submitted without oral argument.
    Defendant pleaded guilty to one count of reentering the United States
    without permission of the Attorney General following deportation for an
    aggravated felony. H e consented to having a magistrate judge take his plea. A t
    *
    This order and judgment is not binding precedent, except under the
    doctrines of law of the case, res judicata, and collateral estoppel. The court
    generally disfavors the citation of orders and judgments; nevertheless, an order
    and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
    the plea hearing, the magistrate judge engaged in a colloquy with Defendant that
    both explained Defendant’s rights and demonstrated that Defendant understood
    his rights. The magistrate judge found that Defendant was “competent and
    capable of entering an informed plea . . . .” Plea Tr. 12. The subsequent
    presentence report recommended a guideline range of 46 to 57 months’
    imprisonment. Pursuant to a plea agreement, the agreed offense level was
    lowered, resulting in a sentencing range of 37 to 46 months’ imprisonment.
    Defendant appeared before the district judge for sentencing. The district judge
    sentenced Defendant to 37 months’ imprisonment. Defendant did not file a
    sentencing memorandum or a challenge to the presentence report or sentence.
    Defendant did, however, timely file a notice of appeal.
    Defendant’s counsel has filed a motion to withdraw as counsel, and, in
    compliance with Anders v. California, 
    386 U.S. 738
    (1967), filed a brief in
    support of that motion. In his brief, Defendant’s counsel asserted that
    Defendant’s case raises no arguably appealable issues.
    W e have review ed the record on appeal and conclude that counsel is
    correct. Nothing in the record indicates that Defendant did not knowingly and
    voluntarily enter into the plea agreement or that the district court incorrectly
    calculated Defendant’s sentence. Counsel’s brief contains a certificate of service
    certifying that he furnished Defendant with a copy of counsel’s brief. Defendant
    has not filed a brief indicating disagreement with his counsel’s position. W e
    -2-
    therefore GR A N T counsel leave to w ithdraw . The judgment and sentence are
    AFFIRM ED.
    Entered for the Court
    M onroe G. M cKay
    Circuit Judge
    -3-
    

Document Info

Docket Number: 19-6042

Citation Numbers: 198 F. App'x 744

Filed Date: 10/6/2006

Precedential Status: Non-Precedential

Modified Date: 1/12/2023