United States v. Gomez-Martinez , 35 F. App'x 810 ( 2002 )

F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
MAY 23 2002
TENTH CIRCUIT
PATRICK FISHER
Clerk
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
No. 01-2325
v. (D.C. No. CR-01-403-BB)
(D. New Mexico)
JORGE ALFREDO GOMEZ-
MARTINEZ,
Defendant - Appellant.
ORDER AND JUDGMENT *
Before TACHA, Chief Circuit Judge, EBEL, and LUCERO, Circuit Judges.
Defendant-Appellant Jorge Alfredo Gomez-Martinez entered a blind guilty
plea to one count of illegally reentering the United States after having been
convicted of an aggravated felony and deported, 8 U.S.C. § 1326(a)(1)–(2),
(b)(2), and was sentenced to forty-six months’ imprisonment, twenty-four months’
supervised release, and a $100 special assessment.
*
The case is unanimously ordered submitted without oral argument
pursuant to Fed. R. App. P. 34(a)(2) and 10th Cir. R. 34.1(G). This order and
judgment is not binding precedent, except under the doctrines of law of the case,
res judicata, and collateral estoppel. The Court generally disfavors the citation of
orders and judgments; nevertheless, an order and judgment may be cited under the
terms and conditions of 10th Cir. R. 36.3.
On appeal, the federal public defender appointed to represent defendant
filed an Anders brief and a motion to withdraw as counsel. See Anders v.
California, 386 U.S. 738, 744 (1967) (permitting counsel who considers an appeal
to be wholly frivolous to advise the court of that fact, request permission to
withdraw from the case, and submit a brief referring to portions of the record that
arguably support the appeal). Pursuant to Anders, a copy of counsel’s brief was
mailed to defendant, and he was allowed three months to raise any points he
chose. Defendant did not do so. We note that defendant is twenty-six years old,
first came to the United States at age eleven, completed the ninth grade at an El
Paso, Texas school, and reportedly obtained a GED while previously incarcerated.
Based on “a full examination of all the proceedings,” id., we determine that
this appeal is without merit. The record affirmatively shows that defendant’s
guilty plea was knowing and voluntary. See Parke v. Raley, 506 U.S. 20, 28
(1992). At the plea hearing, defendant indicated to the district court, through an
interpreter, that he understood he was under oath, that he had received a copy of
the pending indictment, that he had fully discussed the charges with his attorney,
that he did not have any problems at all with counsel’s advice, and that he had no
unanswered questions about “what this whole proceeding is about” (2 R. at 4).
Moreover, defendant was fully advised of his rights should he choose to proceed
to trial and of the consequences of his plea—i.e., that he could be sentenced to
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twenty years’ imprisonment, a $250,000 fine, and three years’ supervised release.
He was told that his ultimate punishment could exceed any estimate his attorney
may have given him.
We have also carefully reviewed the district court’s sentencing calculations
and find no legal or factual error.
For these reasons, we AFFIRM. The motion to withdraw is GRANTED.
The mandate shall issue forthwith.
ENTERED FOR THE COURT
Carlos F. Lucero
Circuit Judge
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