Francisco Baraga appeals from his sentence of 70 months’ imprisonment, 8 years’ supervised release and a $50 special assessment imposed following his plea оf guilty to conspiracy to distribute cocaine within 1000 feet of a school in violation оf 21 U.S.C. § 846. Martin Estrella appeals from his sentence of 131 months’ imprisonment and a $100 speciаl assessment imposed following his plea of guilty to conspiracy to distribute cocaine within 1000 feet of a school, in violation of 21 U.S.C. § 846, and possession of a firearm in relation to a drug trafficking offense, in violation of 18 U.S.C. § 924. Gold-stein, Weinstein & Fuld (“GWF”), Baraga’s retained counsel, and Howard S. Ripps, Es-trella’s retained counsel, request permission to withdraw pursuant to
Anders v. California,
Although
Anders
motions are typically made by counsel appointed for indigent defendants pursuant to Fed.R.Crim.P. 44 and the Criminal Justice Act, 18 U.S.C. § 3006A, retained counsel may properly file
Anders
motions. Although we hаve never commented on this practice, we have granted
Anders
motions by retained counsel.
See, e.g., Grimes v. United States,
GWF and Ripps both claim that the court should grant their requests because the appeаls contain no non-frivolous issues. The government has moved for summary affirmance as to both defendants. Because the Anders briefs are inadequate, we deny GWF and Ripps permission to withdraw until the defendants have been notified by the Clerk of their respective counsels’ desires and of the opportunity to have new counsel appointed. The government’s motions for summary affirmance are denied.
GWF’s and Ripps’ briefs fail to demonstrate a minimal effort to “search the record with care, and then to explain to an apрellate court why there are no non-frivolous issues present.”
Nell v. James,
A naked statement that no non-frivolous issues exist, without analysis or a discus
GWF and Ripps have neither exhibited a conscientious examination of possible grounds for appeal nor indicated the full range of possible issues and why pursuing them would be frivolous. Neither addresses beyond conelusory assertions standard issues for appeal from a sentence such as whether the sentence was correctly imposed under 18 U.S.C. § 3553. GWF’s and Ripps’ submitted
Anders
briefs are thus “for all practical purposes worthless.”
Burnett,
The government’s motions for summary affirmance are dеnied. GWF and Ripps are preliminarily denied permission to withdraw as counsel. The clerk shall notify Estrella and Baraga as directed herein.
So ordered.
