Filed: Aug. 02, 2006
Latest Update: Mar. 02, 2020
Summary: Opinions of the United 2006 Decisions States Court of Appeals for the Third Circuit 8-2-2006 USA v. Ahmadi Precedential or Non-Precedential: Non-Precedential Docket No. 05-3532 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2006 Recommended Citation "USA v. Ahmadi" (2006). 2006 Decisions. Paper 629. http://digitalcommons.law.villanova.edu/thirdcircuit_2006/629 This decision is brought to you for free and open access by the Opinions of the United States
Summary: Opinions of the United 2006 Decisions States Court of Appeals for the Third Circuit 8-2-2006 USA v. Ahmadi Precedential or Non-Precedential: Non-Precedential Docket No. 05-3532 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2006 Recommended Citation "USA v. Ahmadi" (2006). 2006 Decisions. Paper 629. http://digitalcommons.law.villanova.edu/thirdcircuit_2006/629 This decision is brought to you for free and open access by the Opinions of the United States C..
More
Opinions of the United
2006 Decisions States Court of Appeals
for the Third Circuit
8-2-2006
USA v. Ahmadi
Precedential or Non-Precedential: Non-Precedential
Docket No. 05-3532
Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2006
Recommended Citation
"USA v. Ahmadi" (2006). 2006 Decisions. Paper 629.
http://digitalcommons.law.villanova.edu/thirdcircuit_2006/629
This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova
University School of Law Digital Repository. It has been accepted for inclusion in 2006 Decisions by an authorized administrator of Villanova
University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 05-3532
UNITED STATES OF AMERICA
v.
JAMES TYRONE AHMADI,
Appellant
____________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
(D.C. Crim No. 93-CR-00003-2)
District Judge: Honorable John C. Lifland
____________
Submitted Under Third Circuit L.A.R. 34.1(a)
July 13, 2006
Before: SMITH, WEIS and ROTH, Circuit Judges.
(Filed: August 2, 2006)
____________
OPINION
WEIS, Circuit Judge.
In 1993, defendant pleaded guilty to conspiracy to commit a bank robbery,
armed bank robbery and unlawful use of a firearm. The District Court sentenced him to
106-months imprisonment and five-years supervised release. This appeal arises from the
imposition of a 25-month sentence after he violated the terms of his supervised release.
1
This was the fourth time that defendant failed to abide by the terms of his supervised
released.
The District Court held a hearing, during which defendant requested and
received the right to proceed pro se. At that hearing, the
District Court explored the facts underlying the current violation and the defendant’s
history of supervision offenses.
After the District Court imposed the sentence, this Court appointed Robert
Little, Esquire as the defendant’s counsel on appeal. Where persuaded that an appeal
presents no issue of even arguable merit, defense counsel may file a motion to withdraw
and a supporting brief. 3d Cir. L.A.R. 109.2. In reviewing a motion to withdraw, we
must determine “(1) whether counsel adequately fulfilled the rule’s requirements; and (2)
whether an independent review of the record presents any nonfrivolous issues.” United
States v. Youla,
241 F.3d 296, 300 (3d Cir. 2001) (citing United States v. Marvin,
211
F.3d 778, 780 (3d Cir. 2000)).
We must be satisfied that “counsel has thoroughly examined the record in
search of appealable issues” and has explained in the Anders brief, “why the issues are
frivolous.”
Id.
In our independent review of the trial court record, we “confine our scrutiny
to those portions of the record identified by an adequate Anders brief.”
Id. at 301. On
appeal in the present case, Mr. Little submitted an Anders brief suggesting four possible
issues that might have been raised, but lacked arguable merit:
2
1. The defendant’s concession of the violation was not a
knowing and voluntary waiver;
2. Ineffective assistance of counsel;
3. The twenty-months sentence was unreasonable; and
4. The District Court erred in allowing defendant to
proceed pro se during the hearing.
Although he was notified of the Anders brief and the motion to withdraw, defendant has
not filed a pro se brief.
We have carefully reviewed the record submitted to us and agree that
defendant has no nonfrivolous grounds by which he may establish error in the District
Court. The issues presented lack legal merit and do not warrant the filing of a petition for
writ of certiorari. See 3d Cir. LAR 109.2(c).
We will grant Mr. Little’s motion to withdraw. The judgment of the
District Court will be affirmed.
_____________________________
3