United States v. Danny Sherwood

MEMORANDUM

Danny Lee Sherwood (“Sherwood”) appeals from the district court’s judgment affirming his conviction for conspiracy to distribute oxycodone and methadone, distribution of oxycodone, possession with intent to distribute oxycodone, being a felon in possession of a firearm, and being a felon in possession of ammunition.

Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Ronald D. Ness, Sherwood’s appointed counsel at trial and in this appeal, has filed a motion to withdraw as counsel of record. He asserts that there is no merit to Sherwood’s appeal. In his motion, Mr. Ness identified four possible issues that arguably might support Sherwood’s appeal, as required by Anders. Id. at 744, 87 S.Ct. 1396 . Mr. Ness asserts that each issue lacks merit. We agree.

I

When an attorney files an Anders brief, an appellate court is required to conduct “a full examination of all the proceedings, to decide whether the case is wholly frivolous.” Id. This Court has examined the reporter’s transcript of the trial, the district court’s evidentiary rulings, its instructions to the jury, and the sentencing transcript. We have determined that none of the…