640 Fed.Appx. 549 (7th Cir. 2016), 15-2180, United States v. Atkins

Docket Nº:15-2180
Citation:640 Fed.Appx. 549
Party Name:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. AHAMAD R. ATKINS, Defendant-Appellant
Attorney:For UNITED STATES OF AMERICA, Plaintiff - Appellee: Amanda A. Robertson, Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Benton, IL. AHAMAD R. ATKINS, Defendant - Appellant, Pro se, Lexington, KY.
Judge Panel:Before WILLIAM J. BAUER, Circuit Judge, FRANK H. EASTERBROOK, Circuit Judge, DAVID F. HAMILTON, Circuit Judge.
Case Date:March 18, 2016
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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Page 549

640 Fed.Appx. 549 (7th Cir. 2016)

UNITED STATES OF AMERICA, Plaintiff-Appellee,

v.

AHAMAD R. ATKINS, Defendant-Appellant

No. 15-2180

United States Court of Appeals, Seventh Circuit

March 18, 2016

Submitted March 18, 2016

NONPRECEDENTIAL DISPOSITION. (See Federal Rule of Appellate Procedure Rule 32.1)

Appeal from the United States District Court for the Southern District of Illinois. No. 14-40061-001. J. Phil Gilbert, Judge.

For UNITED STATES OF AMERICA, Plaintiff - Appellee: Amanda A. Robertson, Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Benton, IL.

AHAMAD R. ATKINS, Defendant - Appellant, Pro se, Lexington, KY.

Before WILLIAM J. BAUER, Circuit Judge, FRANK H. EASTERBROOK, Circuit Judge, DAVID F. HAMILTON, Circuit Judge.

Page 550

ORDER

Ahamad Atkins pleaded guilty to conspiracy to distribute a controlled substance, 21 U.S.C. § § 846, 841(a)(1), and the district court sentenced him to 216 months' imprisonment. Atkins filed a notice of appeal, but his appointed lawyer has moved to withdraw on the ground that the appeal is frivolous. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Atkins agrees that counsel should be discharged but proposes that we appoint substitute counsel. See

Page 551

Cir. R. 51(b). Counsel has submitted a brief that explains the nature of the case and addresses potential issues that an appeal of this kind might be expected to involve. We limit our discussion to those issues plus the additional points that Atkins, disagreeing with counsel, believes have merit. See United States v. Bey, 748 F.3d 774, 776 (7th Cir. 2014). For the reasons that follow, we grant counsel's motion and dismiss the appeal.

Atkins was indicted after making a number of small sales to informants totaling 9.3 grams of crack cocaine and 1.1 grams of heroin. The probation officer estimated, though, that Atkins was responsible for distributing 1.2 kilograms of heroin, 753 grams of crack cocaine, and 1 kilogram of powder cocaine, which together equate to 4,097 kilograms of marijuana. Atkins objected that the actual amounts were about 10% of these figures, and he also contested statements from several eyewitnesses who said that they had seen him with guns while selling drugs. The government called five witnesses at sentencing to substantiate the probation officer's numbers: three former customers (who were cooperating with the prosecution) and two investigators involved in the investigation.

Adam Calvert testified that he had purchased heroin from Atkins " most" days over...

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