Filed: Jan. 21, 2020
Latest Update: Mar. 03, 2020
Summary: NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 19-2268 _ UNITED STATES OF AMERICA v. DEVON WILLIAMS, Appellant _ On Appeal from the United States District Court for the Middle District of Pennsylvania (No. 3:14-cr-00244-001) District Judge: Hon. James M. Munley _ Submitted Under Third Circuit L.A.R. 34.1(a) on January 17, 2020 Before: JORDAN, GREENAWAY, JR., and KRAUSE, Circuit Judges (Filed: January 21, 2020) _ OPINION _ KRAUSE, Circuit Judge. Devon Williams appeal
Summary: NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 19-2268 _ UNITED STATES OF AMERICA v. DEVON WILLIAMS, Appellant _ On Appeal from the United States District Court for the Middle District of Pennsylvania (No. 3:14-cr-00244-001) District Judge: Hon. James M. Munley _ Submitted Under Third Circuit L.A.R. 34.1(a) on January 17, 2020 Before: JORDAN, GREENAWAY, JR., and KRAUSE, Circuit Judges (Filed: January 21, 2020) _ OPINION _ KRAUSE, Circuit Judge. Devon Williams appeals..
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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
__________
No. 19-2268
__________
UNITED STATES OF AMERICA
v.
DEVON WILLIAMS,
Appellant
__________
On Appeal from the United States District Court
for the Middle District of Pennsylvania
(No. 3:14-cr-00244-001)
District Judge: Hon. James M. Munley
__________
Submitted Under Third Circuit L.A.R. 34.1(a)
on January 17, 2020
Before: JORDAN, GREENAWAY, JR., and KRAUSE, Circuit Judges
(Filed: January 21, 2020)
__________
OPINION
__________
KRAUSE, Circuit Judge.
Devon Williams appeals from the District Court’s order revoking his supervised
release and sentencing him to a term of imprisonment and an additional period of
This disposition is not an opinion of the full Court and, pursuant to I.O.P. 5.7,
does not constitute binding precedent.
supervision. His counsel has moved to withdraw under Anders v. California,
386 U.S.
738 (1967). A review of the briefing and record reveals no nonfrivolous issue. So we
will grant counsel’s motion to withdraw and will affirm the District Court’s judgment.
DISCUSSION1
When confronted with an Anders brief, we first ask whether counsel adequately
fulfilled the requirements of Third Circuit Local Appellate Rule 109.2(a). United
States v. Youla,
241 F.3d 296, 300 (3d Cir. 2001). Williams’s counsel thoroughly vetted
the record and explored all possible avenues for appeal, including the District Court’s
jurisdiction, the adequacy and voluntariness of his client’s admissions at the revocation
hearing, and the legality and reasonableness of the resulting sentence. We conclude that
counsel carried out the “conscientious examination” required by Anders and our local
rule. United States v. Marvin,
211 F.3d 778, 779 (3d Cir. 2000) (citation omitted).
We next ask “whether an independent review of the record presents any
nonfrivolous issues.”
Youla, 241 F.3d at 300. No such issue is presented here. The
District Court had jurisdiction over Williams’s underlying prosecution pursuant to
18 U.S.C. § 3231 and jurisdiction to revoke supervised release and to impose additional
terms of imprisonment and supervision pursuant to 18 U.S.C. § 3583(e). While
represented by counsel and after having been fully informed of his rights, Williams freely
admitted to two violations of his conditions of supervised release. The sentencing
transcript reflects that the District Judge meaningfully considered the factors listed in
18 U.S.C. § 3553(a). United States v. Bungar,
478 F.3d 540, 543 (3d Cir. 2007). The
Court’s ultimate sentence of seven months’ incarceration to be followed by two years’
1
As we write only for the parties, who are familiar with the background of this
case, we need not reiterate the factual or procedural history.
2
supervised release was within the advisory sentencing guidelines range. It was also
reasonable in light of how quickly Williams had violated the terms of his supervision and
the need to “send the right message” that such terms must be obeyed. App. 26.
In sum, our independent review of the record convinces us that this appeal “lacks
any basis in law or fact,” McCoy v. Court of Appeals,
486 U.S. 429, 438 n.10 (1988), and
we therefore may “dispose of the appeal without appointing new counsel,” 3d Cir. L.A.R.
109.2(a). Because previous counsel had been appointed under the Criminal Justice Act,
we also make clear that there are no issues that warrant the filing of a petition for writ of
certiorari in the U.S. Supreme Court.
Id. 109.2(b).
CONCLUSION
For the foregoing reasons, we will grant counsel’s motion to withdraw and will
affirm the District Court’s judgment.
3