United States v. Namphengsone ( 1998 )

F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
JUL 15 1998
TENTH CIRCUIT
PATRICK FISHER
Clerk
UNITED STATES OF AMERICA,
Plaintiff - Appellee, No. 97-3079
v. (District of Kansas)
KHAMMOUK NAMPHENGSONE, (D.C. No. 94-10122-01)
Defendant - Appellant.
ORDER AND JUDGMENT *
Before PORFILIO, KELLY, and HENRY, Circuit Judges.
Khammouk Namphengsone appeals his conviction and sentence after a
guilty plea. After examining the briefs and appellate record, this panel has
determined unanimously that oral argument would not assist the determination of
this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. We exercise
jurisdiction under 28 U.S.C. § 1291 and order the case submitted without oral
* This order and judgment is not binding precedent, except under the doctrines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.
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argument .
The government charged Mr. Namphengsone with robbery (a violation of
18 U.S.C. § 1951) and carrying or using a firearm during a robbery during which
a murder was committed ( a violation of 18 U.S.C. § 924(i)(1)). After Mr.
Namphengsone pleaded guilty to both counts, the government filed a motion for
downward departure pursuant to § 5K1.1 of the United States Sentencing
Guidelines. The district court granted the motion and sentenced Mr.
Namphengsone to concurrent terms of imprisonment of 240 months on Count 1
and 264 months on Count 2.
In this appeal, Mr. Namphengsone’s attorney has filed a brief pursuant to
Anders v. California, 386 U.S. 738 (1967). Mr. Namphengsone’s attorney states
that the appeal presents no non-frivolous legal questions for review. He declares
that Mr. Namphengsone entered a valid plea of guilty and that Mr.
Namphengsone’s sentence was lawfully imposed.
Upon the filing of the Anders brief, this court afforded Mr.
Namphengsone an opportunity to respond. No response has been received from
him.
We agree with Mr. Namphengsone’s counsel and the government. The
record establishes that Mr. Namphengsone entered into the guilty plea knowingly
and voluntarily and in compliance with Fed. R. Crim. P. 11 and that the district
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court properly determined his sentence.
Accordingly, we grant the motion to withdraw filed by Mr.
Namphengsone’s counsel and affirm Mr. Namphengsone’s conviction and
sentence.
Entered for the Court
Robert H. Henry
Circuit Judge
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