Hattar

United States v. Hattar

Good Law
44 F. App'x 259
United States Court of Appeals for the Ninth CircuitAugust 16, 2002No. 00-50116; D.C. No. CR-96-00886-SVW-1California281 words

Opinion

Lead Opinion

MEMORANDUM **

Steven Seman Hattar appeals his 262-month sentence following his guilty plea to conspiracy to possess methamphetamine with intent to distribute, in violation of 21 U.S.C. § 846 . Defendant’s attorney has moved to withdraw pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), and Hattar has not filed a supplemental pro se brief.

The Anders brief identifies and rejects three potential issues. First, counsel correctly acknowledges that there is no indication that Hattar’s guilty plea was involuntary, unknowing, or incompetent. See United States v. Aguilar-Muniz, 156 F.3d 974, 976-77 (9th Cir.1998) (discussing district court’s compliance with Rule 11); United States v. Vonn, — U.S. -, -,---, 122 S.Ct. 1043, 1046, 1054-55 , 152 L.Ed.2d 90 (2002) (establishing defendant’s burden to show plain error in light of the entire record).

Second, counsel concludes that the government complied with its obligations under the plea agreement, and the record supports this assessment.

Third, counsel raises, and correctly rejects as an issue for appeal, the district court’s denial of a downward departure based on Hattar’s lack of knowledge or control…

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