F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
August 19, 2005
TENTH CIRCUIT
PATRICK FISHER
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee. No. 04-7137
v. (D.C. No. CR-04-68-01-WH)
JOSE JUAN AYON ROMERO, (E.D. Okla.)
Defendant-Appellant.
ORDER AND JUDGMENT *
Before EBEL, McKAY, and HENRY, Circuit Judges.
After examining the briefs and the appellate record, this panel has
determined unanimously that oral argument would not materially assist the
determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G).
The case is therefore ordered submitted without oral argument.
Defendant pled guilty to possession of cocaine with intent to distribute in
violation of 21 U.S.C. § 841(a)(1). The district court sentenced him to ninety-six
months’ incarceration followed by a sixty-month term of supervised release.
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
Defendant filed a timely notice of appeal. Rec., Vol. 1, Tab. 17. Thereafter,
Defendant’s counsel filed a brief following the mandate of Anders v. California,
386 U.S. 738 (1967), accompanied by a Motion to Withdraw. Defendant also
filed a brief articulating the bases he believes entitle him to relief.
According to Defendant’s counsel, there are no arguable appealable issues.
Aplt. Anders Br. at 6-9. We have reviewed the record on appeal, as well as
Defendant’s brief, and conclude that counsel is correct in determining that there
are no non-frivolous issues that can be raised; nothing indicates that the district
court erred under United States v. Booker, __U.S.__, 125 S. Ct. 738 (2005), when
it imposed Defendant’s sentence. Counsel’s brief contains a certificate of service
indicating that Defendant was furnished with a copy of counsel’s brief on
April 21, 2005. Id. at 11. Accordingly, we GRANT counsel’s Motion to
Withdraw and AFFIRM the decision of the trial court.
Entered for the Court
Monroe G. McKay
Circuit Judge
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