United States of America v. Boubacar Diallo

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 07-1299
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UNITED STATES OF AMERICA
v.
BOUBACAR DIALLO,
Appellant
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On Appeal from the United States District Court
for the Western District of Pennsylvania
(D.C. Criminal No. 06-cr-00236)
District Judge: The Honorable Arthur J. Schwab
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Submitted Under Third Circuit LAR 34.1(a)
May 22, 2009
BEFORE: FUENTES, JORDAN, and NYGAARD, Circuit Judges.
(Filed: June 1, 2009)
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OPINION OF THE COURT
NYGAARD, Circuit Judge.
Because our opinion is wholly without precedential value, and
because the parties and the District Court are familiar with its operative facts, we offer

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only an abbreviated recitation to explain why we will affirm the order of the District
Court.
Diallo appeals the District Court’s order of judgment and sentence. He pleaded
guilty to one count of Trafficking in Counterfeit Labels Affixed to Copies of Motion
Pictures and Audiovisual Works. 18 U.S.C. §2318. He was sentenced at the low end of
the advisory range: eighteen months’ incarceration; three years’ supervised release; and,
restitution of $120,000.
During the investigation Diallo agreed to speak with the Federal Bureau of
Investigation, where he admitted knowledge of the illegality of his actions. He changed
his initial not-guilty plea to guilty after making a plea agreement with the government.
The District Court, which properly had jurisdiction, conducted the standard plea colloquy
prior to filing the order. There is clear evidence that Diallo knowingly and voluntarily
entered the plea.
Diallo’s appellate counsel filed a brief pursuant to Anders v. California, 386 U.S.
738 (1967), concluding that there are not any issues of arguable merit. After our
independent investigation of the record, we conclude that counsel has conducted a
reasonable review, and we agree that there are not any issues of arguable merit.
Accordingly, we will affirm the order of the District Court, and we will grant
counsel’s motion to withdraw.

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