United States v. Jackson

*300 MEMORANDUM **

Terry Jackson pleaded guilty before trial to one count of conspiracy to manufacture and distribute phenylcyclohexylpiperidine (“PCP”). Jackson filed a notice of appeal, but Jackson’s attorney subsequently filed a motion to withdraw as counsel of record and a brief pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), stating there are no grounds for relief. Appellant was allowed time to file a pro se brief, but did not do so. 1 Because our review of the Anders brief and our independent review of the record under Penson v. Ohio, 488 U.S. 75, 83 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (1988) reveal no grounds for relief, we affirm the district court’s judgment and grant counsel’s motion to withdraw.

In his brief, Jackson’s counsel addresses several conceivable issues, including (1) whether the district court erred in denying the motion to suppress wiretap evidence; (2) the adequacy of Jackson’s guilty plea and the district Court’s Rule 11 colloquy; and (3) whether the sentence imposed was reasonable. The brief concludes, however, that there are no non-frivolous grounds for relief, because Jackson waived his right to appeal in his plea…