United States v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Joseph Anthony Gonzales appeals his guilty-plea conviction and 144-month sentence for one count of possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841 (a). Gonzales’s attorney has filed a brief pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), and has moved to withdraw as counsel of record on the ground that he failed to discover any arguable issues on appeal.
Gonzales filed a pro se supplemental brief, contending that his guilty plea was not knowing and voluntary, in light of United States v. Minore, 292 F.3d 1109 (9th Cir.2002) (concluding that district court must instruct that drug quantity is an element which the government must prove beyond a reasonable doubt). Because appellant has failed to show that the issue was raised below, we review for plain error. Id. at 1117 . We apply the four-part test for plain error, and conclude that, in light of appellant’s unequivocal admissions and the overwhelming evidence of the drug quantity in question, it is not unfair to hold appellant to his guilty plea. See id. at 1120 . Accordingly, we find appellant’s guilty plea was valid.