Background
Victor Manuel Chavarria appealed his guilty-plea conviction and aggregate sentence of one hundred thirty-five months for possession with intent to distribute methamphetamine and engaging in the business of dealing firearms without a license. His counsel filed a brief under Anders v. California stating there were no non-frivolous arguments for appeal. Chavarria had waived the right to appeal the conviction except to claim the plea was involuntary and waived the right to appeal most aspects of the sentence.
The court’s reasoning
The panel conducted an independent review of the record and found no basis to challenge the voluntariness of Chavarria’s plea or any aspect of the sentence falling outside the appeal waiver. The court determined there was no non-frivolous issue as to whether the appeal waiver was enforceable.
What it means going forward
The decision affirms the district court’s judgment and sentence while dismissing the remaining issues on appeal. It grants counsel’s motion to withdraw and denies the defendant’s motion to substitute counsel.
Podcast (federal-narrative-summaries): Play in new window | Download