Opinion
No. 08-1566.
Submitted Under Third Circuit LAR 34.1(a) October 27, 2008.
Filed: November 4, 2008.
On Appeal from the United States District Court for the Middle District of Pennsylvania (D.C. Criminal No. 1-03-cr-00263-001), District Judge: The Honorable Sylvia H. Rambo.
Eric Pfisterer, Esq., Theodore B. Smith, Esq., Office of United States Attorney, Harrisburg, PA, for United States of America.
Ronald A. Krauss, Esq., James V. Wade, Esq., Office of Federal Public Defender, Harrisburg, PA, for Kenneth Hunter.
This is an appeal from a resentence imposed after a remand pursuant to United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Appellant, Kenneth Hunter, pleaded guilty to possession with intent to distribute crack cocaine. The District Court entered judgment and sentenced Appellant to a prison sentence of time served, with three years of supervised release.
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), Hunter'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.