United States v. Orduno , 176 F. App'x 921 ( 2006 )

F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
April 12, 2006
TENTH CIRCUIT Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff-Appellee, No. 05-5101
v. (D.C. No. 04-CR-175-CVE)
BRAULIO OLGUIN ORDUNO, (N. D. Okla.)
Defendant-Appellant.
ORDER AND JUDGMENT *
Before KELLY, McKAY, and LUCERO, Circuit Judges.
After examining the appellate record in this case, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App. P. 34(a)(2). The case is therefore ordered
submitted without oral argument.
Defendant pleaded guilty to one count of possession of 500 grams of
cocaine with an intent to distribute, which carries a sentencing range of ten years
to life imprisonment; to another count of possession of fifty grams of
*
This order and judgment is not binding precedent, except under the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.
methamphetamine with intent to distribute, which carries a sentencing range of
five to forty years’ imprisonment; and to a third count of possession of a firearm
in furtherance of a drug trafficking crime, which carries a sentencing range of
five years to life imprisonment and requires that the sentence be served
consecutively to any other sentences. The district court sentenced him to the
minimum 180 months’ imprisonment, the minimum allowed by statute–120
months’ imprisonment for the first two counts to be served concurrently, and sixty
months’ imprisonment for the gun charge to be served consecutive to the 120
months. Defendant filed a timely notice of appeal. Defendant’s counsel then
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.
We have reviewed 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 in Support of Motion to
Withdraw as Counsel for Defendant Orduno contains a certificate of service
certifying that he furnished Defendant with a copy of counsel’s brief, but
Defendant has not filed a brief indicating disagreement with his counsel’s
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position. We therefore GRANT counsel leave to withdraw and AFFIRM the
district court’s decision.
Entered for the Court
Monroe G. McKay
Circuit Judge
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