United States v. Pete Upthegrove

Pete Upthegrove pleaded guilty to one count of conspiracy to possess with intent to distribute marijuana in violation of 21 U.S.C. § 846. On appeal, Upthegrove’s appointed counsel filed a motion to withdraw, believing any appeal would be frivolous. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). In the Anders brief, counsel identifies several issues that Upthegrove conceivably could argue on appeal. Although none of these arguments merits reversal, one issue is of first impression in this Circuit: whether the poor quality of the marijuana involved in the offense…