Collins

United States v. Collins

Good Law
19 F. App'x 636
United States Court of Appeals for the Ninth CircuitSeptember 21, 2001No. 00-50205; D.C. No. CR-98-00125-AHSCalifornia617 words

Opinion

Lead Opinion

MEMORANDUM **

Gene Christian Collins appeals his guilty plea conviction and 63-month sentence imposed for bank robbery, in violation of 18 U.S.C. § 2113 (a). Collins’ attorney has filed a brief and a motion to withdraw as counsel of record pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967). Collins has filed a pro se supplemental brief raising several issues.

Counsel has identified several potential issues for review, the first being whether the district court complied with Federal Rule of Criminal Procedure 11 when taking Collins’ guilty plea. After reviewing the record, we conclude that the district court substantially complied with the Rule’s requirements and that any variance from the Rule was harmless error. See Fed.R.Crim.P. 11(h).

*638 The second potential issue identified by counsel is whether the district court in some way misled Collins concerning his right to appeal. As counsel points out, however, the district court properly advised Collins of the effect of his waiver of his right to appeal contained in the plea agreement, and did not later tell him that he retained the right to appeal despite the waiver.

Counsel next identifies…

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