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U.S. v. Ramirez

United States Court of Appeals, Eighth Circuit
Sep 6, 2007
239 F. App'x 304 (8th Cir. 2007)

Opinion

No. 05-1803.

Submitted: August 29, 2007.

Filed: September 6, 2007.

Appeal from the United States District Court for the Western District of Missouri.

James E. Brown, Kansas City, MO, for appellant.

David M. Ketchmark, Asst. U.S. Atty., Kansas City, MO, for appellee.

Before BYE, RILEY, and MELLOY, Circuit Judges.

[UNPUBLISHED]


A jury found Daniel F. Ramirez (Ramirez) guilty of conspiring to distribute marijuana, in violation of 21 U.S.C. § 846; possessing marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1); and possessing a firearm in furtherance of drug trafficking, in violation of 18 U.S.C. § 924(c)(1)(A). The district court imposed a sentence of 120 months' imprisonment and 5 years' supervised release. On appeal, his counsel has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and has moved to withdraw. We affirm.

The Honorable Ortrie D. Smith, United States District Judge for the Western District of Missouri.

We conclude the evidence, viewed in the light most favorable to the verdict, was sufficient to support Ramirez's convictions, and the district court did not abuse its discretion by denying his motion for a new trial based on a juror's failure to disclose pertinent information during voir dire. See United States v. Ruiz, 446 F.3d 762, 768-70 (8th Cir.), cert. denied, ___ U.S. ___, 127 S.Ct. 537, 166 L.Ed.2d 398 (2006) and ___ U.S. ___, 127 S.Ct. 1027, 166 L.Ed.2d 774 (2007).

After reviewing the record independently pursuant to Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we conclude there are no non-frivolous issues for appeal. Accordingly, we affirm the judgment of the district court, and we grant counsel's motion to withdraw.


Summaries of

U.S. v. Ramirez

United States Court of Appeals, Eighth Circuit
Sep 6, 2007
239 F. App'x 304 (8th Cir. 2007)
Case details for

U.S. v. Ramirez

Case Details

Full title:UNITED STATES of America, Appellee, v. Daniel F. RAMIREZ, Appellant

Court:United States Court of Appeals, Eighth Circuit

Date published: Sep 6, 2007

Citations

239 F. App'x 304 (8th Cir. 2007)