U.S. v. Evans

Full title: UNITED STATES of America, Appellee, v. Tyrell EVANS, Craig Moye, James…

Court: United States Court of Appeals, Second Circuit

Date published: Feb 11, 2009

309 F. App'x 460 (2d Cir. 2009)

Opinion

Nos. 05-5753-cr (L), 05-5829-cr (Con).

February 11, 2009.

Appeal from the United States District Court for the District of Connecticut (Hall, J.).

Susan M. Damplo, Ardsley, NY, for Defendant-Appellant Moye.

H. Gordon Hall and Patrick F. Caruso, Assistant U.S. Attorneys (William J. Nardini, Assistant U.S. Attorney, on the brief) for Kevin J. O'Connor, U.S. Attorney for the District of Connecticut, New Haven, CT, for Appellee.

Present: Hon. ROBERT A. KATZMANN, Hon. DEBRA A. LIVINGSTON, Circuit Judges, Hon. J. GARVAN MURTHA, District Judge.^_

_ The Honorable J. Garvan Murtha, United States District Judge for the District of Vermont, sitting by designation.

SUMMARY ORDER

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that counsel's motion to withdraw, pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and the government's cross-motion for summary affirmance, be GRANTED. It is FURTHER ORDERED that the judgment of the district court as to defendant-appellant Craig Moye be and hereby is AFFIRMED.

Susan M. Damplo, attorney for defendant-appellant Craig Moye, filed a motion to withdraw as counsel, pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), on the ground that there were no non-frivolous issues to raise on appeal. The government filed a cross-motion for summary affirmance on the same ground. Following oral argument, we issued a Summary Order dated September 18, 2008, remanding the case with respect to Moye and requesting clarification as to whether Moye was sentenced pursuant to Guidelines § 4B 1.1 or § 2D 1.1. See United States v. Evans, 293 Fed.Appx. 63 (2d Cir. 2008). The district court has clarified that it relied on Guidelines § 4B1.1 when it sentenced Moye. See Response to Remand, Jan. 13, 2009.

We have reviewed Moye's attorney's Anders motion, her brief in support of it, and the government's cross-motion for summary affirmance. In light of the district court's clarification of the record, we agree with Moye's counsel and the government that there are no non-frivolous issues that could be raised on appeal.

Accordingly, the motion of Susan M. Damplo to withdraw as counsel is GRANTED. The government's cross-motion for summary affirmance is GRANTED. Consequently, the judgment of conviction of Craig Moye is hereby AFFIRMED.