Santiago
United States v. Santiago
Opinion
Lead Opinion
MEMORANDUM **
Jonathan Santiago appeals his guilty-plea conviction and 120-month sentence imposed for conspiracy to possess and distribute cocaine, in violation of 21 U.S.C. §§ 846 and 841. Santiago’s 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). Santiago has not filed a pro se supplemental brief.
Counsel mentions three potential issues for review, the first being whether the district court erred in its application of U.S.S.G. § 5G1.3(b) to Santiago’s sentence. We find no evidence in the record that *634 indicates that the district court erred in this regard.
Counsel next mentions the potential issue of whether the district court plainly-erred by not sua sponte applying a mitigating role adjustment to Santiago’s guideline calculations. There is nothing in the record, however, that indicates Santiago was less culpable than any other conspirator. Indeed, Santiago declined to describe his role in the conspiracy beyond admitting his involvement in the transaction described in the plea agreement. Thus, there was no plain error. See U.S.S.G. § 3B1.2; United States v.…