United States v. Martinez-Contreras, 10th Cir. (2002)
United States v. Martinez-Contreras, 10th Cir. (2002)
United States v. Martinez-Contreras, 10th Cir. (2002)
AUG 8 2002
PATRICK FISHER
Clerk
No. 00-4192
(D.C. No. 2:99-CR-615-B)
(D. Utah)
Defendant - Appellant.
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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). Martinez-Contreras was afforded an opportunity to respond to the
Anders brief, and he filed supplemental briefs on December 12, 2001, and March
6, 2002.
Based on a full examination of all the proceedings,
this appeal is without merit. First, the record affirmatively shows that
defendants second guilty plea was knowing and voluntary.
506 U.S. 20, 28 (1992). For example, the district court informed MartinezContreras in open court of the nature of the charge to which he was pleading, the
mandatory ten-year minimum sentence applicable to the offense, and that there
would be no trial if he pleaded guilty.
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490 (2000) (Other than the fact of a prior conviction, any fact that increases the
penalty for a crime beyond the prescribed statutory maximum must be submitted
to a jury, and proved beyond a reasonable doubt.). For among other reasons,
Martinez-Contrerass contention that
See
United States v.
Galloway , 56 F.3d 1239 (10th Cir. 1995), we will not pass on this issue at this
time:
Ineffective assistance of counsel claims should be brought in
collateral proceedings, not on direct appeal. Such claims brought on
direct appeal are presumptively dismissible, and virtually all will be
dismissed. . . .
[T]he reasons for this rule are self-evident . . . . A factual
record must be developed in and addressed by the district court in
the first instance for effective review.
Id. at 1240 (citation omitted).
Counsels motion to withdraw is
counsel appointed is
AFFIRMED . 2
Carlos F. Lucero
Circuit Judge
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