Alvarez-Ramirez

United States v. Alvarez-Ramirez

Good Law
32 F. App'x 348
United States Court of Appeals for the Ninth CircuitMarch 18, 2002No. 00-30210; D.C. No. CR-99-00175-RSLCalifornia437 words

Opinion

Lead Opinion

MEMORANDUM **

Jair DeJesus Alvarez-Ramirez appeals his guilty-plea conviction and 84-month sentence imposed for possession of cocaine with the intent to distribute it, in violation of 21 U.S.C. § 841 (a)(1) and (b)(1)(B). Alvarez-Ramirez’s attorney has filed á 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). Alvarez-Ramirez has filed pro se supplemental briefs.

Alvarez-Ramirez’s counsel identifies three potential issues for appeal, the first being whether Alvarez-Ramirez’s guilty plea was intelligent and voluntary. The *349 record shows that the magistrate judge complied with Federal Rule of Criminal Procedure 11 in taking the plea, and that Alvarez-Ramirez understood the nature of the guilty plea proceedings and pled guilty knowing the consequences, of his decision and not as a result of improper coercion, promises or threats. His guilty plea was therefore intelligent and voluntary. See United States v. Hernandez, 203 F.3d 614, 618-19 (9th Cir.2000).

Counsel next identifies the potential issue of whether the district court abused its discretion by only departing downward two levels for…

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