762 Fed.Appx. 492 (10th Cir. 2019), 18-5013, United States v. Bojorquez Parra

Docket Nº:18-5013
Citation:762 Fed.Appx. 492
Opinion Judge:Carolyn B. McHugh, Circuit Judge
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Francisco de Jesus BOJORQUEZ PARRA, a/k/a Francisco de Jesus Bojorquez, a/k/a Francisco Moreno-Bojorquez, Defendant-Appellant.
Attorney:Leena Alam, Catherine J. Depew, Joel-lyn Alicia McCormick, Robert T. Raley, Office of the United States Attorney, Northern District of Oklahoma, Tulsa, OK, for Plaintiff-Appellee Francisco de Jesus Bojorquez Parra, Pro Se
Judge Panel:Before HARTZ, McHUGH, and CARSON, Circuit Judges.
Case Date:January 30, 2019
Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit
 
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Page 492

762 Fed.Appx. 492 (10th Cir. 2019)

UNITED STATES of America, Plaintiff-Appellee,

v.

Francisco de Jesus BOJORQUEZ PARRA, a/k/a Francisco de Jesus Bojorquez, a/k/a Francisco Moreno-Bojorquez, Defendant-Appellant.

No. 18-5013

United States Court of Appeals, Tenth Circuit

January 30, 2019

Editorial Note:

UNPUBLISHED OPINION (See Fed. Rule of Appellate Procedure 32.1. See also U.S.Ct. of App. 10th Cir. Rule 32.1.)

Page 493

(D.C. No. 4:17-CR-00019-GFK-13) (N.D. Oklahoma)

Leena Alam, Catherine J. Depew, Joel-lyn Alicia McCormick, Robert T. Raley, Office of the United States Attorney, Northern District of Oklahoma, Tulsa, OK, for Plaintiff-Appellee

Francisco de Jesus Bojorquez Parra, Pro Se

Before HARTZ, McHUGH, and CARSON, Circuit Judges.

ORDER AND JUDGMENT[*]

Carolyn B. McHugh, Circuit Judge

Francisco de Jesus Bojorquez-Parra filed a counseled notice of appeal challenging the 170-month sentence imposed after he pleaded guilty to one count of knowingly and intentionally possessing with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a schedule II-controlled substance, in violation of 21 U.S.C. § § 841(a)(1) and (b)(1)(A)(viii). His counsel now moves to withdraw pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), asserting that there are no non-frivolous grounds for appeal.

Exercising our jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), we find no grounds for Mr. Bojorquez-Parra’s appeal that are not "wholly frivolous," and

Page 494

we therefore grant counsel’s motion to withdraw and dismiss the appeal.1

I. BACKGROUND

The government charged Mr. Bojorquez-Parra with one count of conspiracy to possess and distribute heroin and methamphetamine and one count of possession with intent to distribute methamphetamine. Shortly before his trial was set to begin, Mr. Bojorquez-Parra entered an open plea of guilty to the charge of possession with intent to distribute in exchange for the government’s agreement to not pursue the conspiracy charge. The district court ultimately dismissed the conspiracy charge, and the case proceeded to sentencing on the count of possession with intent to distribute methamphetamine.

Mr. Bojorquez-Parras presentence investigation report ("PSR") placed him in criminal history category I and calculated a total offense level of 34 after a downward variance of two levels for acceptance of responsibility under the United States Sentencing Guidelines Manual ("USSG") § 3E1.1(a) (2016). This result...

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