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U.S. v. Baker

United States Court of Appeals, Third Circuit
Feb 4, 2009
308 F. App'x 654 (3d Cir. 2009)

Opinion

No. 07-4577.

Submitted Under Third Circuit LAR 34.1(a) October 30, 2008.

Filed: February 4, 2009.

On Appeal from the United States District Court for the Middle District of Pennsylvania (D.C. Criminal No. 06-cr-00432), District Judge: The Honorable A. Richard Caputo.

John C. Gurganus, Jr., Esq., Office of United States Attorney, Scranton, PA, for United States of America.

Randy Clark Baker, Fort Dix, NJ, pro se.

BEFORE: McKEE, NYGAARD, and SILER, Circuit Judges.

Honorable Eugene E. Siler, Jr., Senior Circuit Judge for the United States Court of Appeals for the Sixth Circuit, sitting by designation.

OPINION OF THE COURT


Appellant, Randy Clark Baker, entered into a plea agreement with the Government, whereby he agreed to plead guilty to one count of unlawful possession of child pornography. A presentence investigation report was prepared and defense counsel filed a sentencing memorandum requesting a sentence outside and below the advisory sentencing range. The District Court sentenced him to 78 months' incarceration and a special assessment of $100. We will affirm.

Because we write exclusively for the parties who are familiar with the facts and the proceedings below, we will not revisit them here. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Baker's appointed counsel has examined the record, concluded that there are no non-frivolous issues for review, and has requested permission to withdraw.

We, too, have thoroughly examined the record and can find no non-frivolous issues to be raised in this appeal. Hence, we will affirm the judgment of the District Court and grant counsel's motion to withdraw.


Summaries of

U.S. v. Baker

United States Court of Appeals, Third Circuit
Feb 4, 2009
308 F. App'x 654 (3d Cir. 2009)
Case details for

U.S. v. Baker

Case Details

Full title:UNITED STATES of America v. Randy Clark BAKER, Appellant

Court:United States Court of Appeals, Third Circuit

Date published: Feb 4, 2009

Citations

308 F. App'x 654 (3d Cir. 2009)