498 F. App'x 843
10th Cir.2012Background
- Panel ordered submission without oral argument after reviewing briefs and record.
- Defendant Cipriano Cardenas-Uriarte pled guilty to four counts of distribution of 50 grams or more, and two counts of distribution of less than 50 grams of methamphetamine; counsel filed an Anders brief and sought to withdraw; defendant filed a pro se response.
- Court appointed counsel Edward Bustamonte; appellate review concluded no nonfrivolous basis for appeal; counsel’s withdrawal motion granted and appeal dismissed.
- Between March and November 2009, controlled purchases yielded 321.5 grams of methamphetamine (174.9 grams actual methamphetamine).
- District court sentenced Cardenas-Uriarte to 120 months’ imprisonment followed by five years of supervised release; the sentence was 31 months below the guidelines range.
- At plea, defendant indicated competency and understanding; the court questioned medications and found no impairment; plea was entered without a plea agreement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Anders briefing warrants dismissal of the appeal | Cardenas-Uriarte argues issues exist; Anders requires withdrawal if frivolous. | Bustamonte contends no nonfrivolous issues; appeal should be dismissed. | Yes; no meritorious issues; appeal dismissed. |
| Whether ineffective assistance claims are reviewable on direct appeal | Cardenas-Uriarte posits ineffective assistance on direct appeal. | Bustamonte argues such claims are collateral matters, not on direct appeal. | Ineffective-assistance claims belong in collateral proceedings, not direct appeal. |
| Whether the guilty plea was valid under Rule 11 and the plea colloquy | Cardenas-Uriarte contends medications may have impaired competence for plea. | Cardenas-Uriarte declined meds to ensure clarity; colloquy showed competence. | Colloquy supports validity of the plea; no basis to challenge voluntariness. |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (counsel may withdraw if case is wholly frivolous after review)
- United States v. Galloway, 56 F.3d 1239 (10th Cir. 1995) (ineffective-assistance claims on direct appeal presumptively dismissible; collateral recommended)
- United States v. Villa-Vazquez, 536 F.3d 1189 (10th Cir. 2008) (Rule 11 competency and plea-competence analysis guidance)