Free Order of 9th Circuit - District Court of Arizona - Arizona

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`L UNITED STATES COURT OF APPEALS · F I L E D
FOR THE NINTH CIRCUIT 3
CATHY A. CATTERSON, CLHK
U.S. COURT OF APPEALS
UNITED STATES OF AIN/[ERICA, No. 03-10205 P
Plaintiff- Appellee, D.C. No. CR-02-00155-JAT _
District of Arizona,
v. Phoenix — .
iucaaoo EUELNA, I A
ORDER
Defendant - Appellant.
Before: FARRIS, BOOCHEVER, and LEAVY, Circuit Judges.
Ricardo Buelna appeals his conviction and sentence, following a jury trial,
for conspiracy to possess with intent to distribute, and attempted possession with
intent to distribute, cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and 846.
Buelna’s appointed appellate counsel has filed a brief under Anders v. California,
386 U.S. 738 (1967), and moved to withdraw as counsel. Buelna has filed a _
supplemental pro se brief identifying issues for appeal.
In an Anders brief, counsel, in addition to advising the court that an appeal
would be without merit, must "present[] the strongest arguments in favor of [his or
her] client supported by citations to the record and to applicable legal authority?
United States v. Grif@, 895 F.2d 561, 563 (9th Cir. 1990). Buelna’s counsel,
however, after summarizing the facts and proceedings, simply states that after
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in
, ` reviewing the record she "has found no issues to raise on appeal,” asking "that this _
court search the record for fundamental error.” This does not comply with
and our decision in _(@fy. We held that a brief that summarized the facts and
_ proceedings, stated that counsel had fotmd no issues, and then asked the court to
review the record was insufficient because it did not "‘refer[] to anything in the
record that might arguably support the appea.l,"’ leaving the client to "‘shift
I I I entirely for himself cold-fecord it musf I
without the help of an advocate."’ @ at 562'(quoting gders, 386 U.S. at 744-
45); sg McCoy v. Court of Appeals, 486 U.S. 429, 438-39 (1988).
We therefore vacate submission of the appeal and direct counsel to file a
supplemental brief within 45 days ofthe date of this order, presenting the
strongest arguments in favor of Buelna and supported by citations to the record A
and applicable legal authority. Buelna shall have 30 days from the filing of an
brief to file a pro se supplemental brief, if any. If after review ofthe
- record, counsel concludes that the appeal is not frivolous, then does noi I
apply and counsel shall submit a brief arguing the appeal on Buelna’s behalf. g
. `y, 895 F.2d at 563. The panel retains jurisdiction over the appeal in this case.
SUBMISSION VACATED. -
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