Opinion of the Court — United States v. Uribe

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Type: Opinion of the Court
Filed: March 18, 2002
Case: United States v. Uribe
Case status: Decided

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MEMORANDUM ** Jesus Robles Uribe appeals his conviction pursuant to guilty plea and his sentence for conspiracy and possession with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(a)(1). Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Uribe’s counsel has filed a brief stating that there are no meritorious issues for review, and a motion to withdraw as counsel of record. Uribe has filed a supplemental pro se brief. *414 Counsel has identified, and properly rejected, three potential issues for review on direct appeal. First, he points to the district court’s denial of a minor role adjustment. Given the undisputed facts, there was no clear error. See United States v. Murillo, 255 F.3d 1169, 1179 (9th Cir.2001) (affirming denial of role adjustment in light of significant quantity of drugs, plus evidence suggesting prior involvement by defendant), cert. denied — U.S. -, 122 S.Ct. 1342 , 152 L.Ed.2d 245 (2002). Second, counsel refers to the denial of the third point for acceptance of responsibility. Given Uribe’s failure to admit his full involvement upon arrest, and his mid-trial guilty plea, there was no error. See …

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