* After examining appellant’s brief and the appellate record, this panel has

determined unanimously that oral argument would notmaterially assist the determination of this appeal. See Fed. R. App. P. 34(a)(2) and 10th Cir. R. 34.1(G). The case is therefore submitted without o ral argument. This order and judgment is not binding precedent except under the doctrines of law of the case, res judicataand collateral estoppel. The court generally disf avors the citation of orders and judgments; nevertheless, an order and ju dgment may be cited under the terms and conditions of 10th Cir. R. 36.3. 

## F I L E D United States Court of Appeals Tenth Circuit 

### AUG 13 2003 

### PATRICK FISHER Clerk 

### UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA, Plaintiff-Appellee,

v. WALLACE RAYMOND CROOKS, also known as Ray Ray, Defendant-Appellant. No. 02-1474 (D.C. No. 00-CR-439-S) (Colorado)



### ORDER AND JUDGMENT *

Before SEYMOUR , MURPHY , and O’BRIEN , Circuit Judges.

Wallace Raymond Crooks appeals his conviction and s entence for conspiracy to possess with intent to distribute cra ck cocaine. Mr. Crooks’ counsel filed a brief pursuant to Anders v. California , 386 U.S. 738 (1967), and moves for-2-

leave to withdraw as counsel. We grant the motion to withdraw and dismiss the appeal. Mr. Crooks was indicted by a federal grand jury in Colorado along with nineteen co-defendants. He was charged with one co unt of conspiracy to possess with intent to distribute in excess of fifty grams of crack cocaine. He waived jury trial and was tried to the court. Mr. Crooks was c onvicted after a trial which lasted three days and included testimony from ten w itnesses, four of whom had originally been charged as co-defendants. He filedno objections to the Presentence Investigation Report and was sentenced to 360 months imprisonment. Anders holds that if counsel finds a case to be wholly fr ivolous after conscientious examination, he may advise the court and request permission to withdraw. Counsel must also submit to both the cou rt and his client a brief referring to anything in the record arguably supportive of the appeal. The client may then raise any point he chooses, and the court thereafter undertakes a complete examination of the proceedings and decides whether the appeal is in fact frivolous. If it so finds, it may grant counsel’s request to withdraw and dismiss the appeal. See id. at 744. Counsel provided Mr. Crooks with a copy o f his appellate brief. Mr. Crooks in turn filed a pro se appellate brief. Mr. Crooks’ counsel meticulously chronicled the evi dence presented at trial and determined there was no argument to be made bas ed on the sufficiency of that-3-

evidence. Viewing that evidence in the light most favorable to the government and inquiring only whether any rational trier of fa ct could find the defendant guilty beyond a reasonable doubt, we agree with Mr. Crooks’ counsel that a sufficiency-of- evidence argument would be frivolou s in this case. The witness testimony was ample regarding Mr. Crooks’ involveme nt in the conspiracy. As to potential errors in sentencing, Mr. Crooks’ c ounsel notes the district court did not err in any of its calculations. Furthermore, although Mr. Crooks requested a downward departure, the district court’ s refusal to depart after acknowledging its authority to do so is not subjectto review by this court. Finally, Mr. Crooks’ counsel notes, the district co urt imposed a sentence at the low end of the guideline range. Although Mr. Crooks does not in his own brief raise the argument he made at trial regarding the unconstitutionality of 21 U. S.C. § 841 and U.S.S.G. § 2D1.1, Mr. Crooks’ counsel points out we have consistentlyheld the penalty provisions in those sections do not violate equal protection o r due process, United States v. Thurmond, 7 F.3d 947, 951-52 (10th Cir. 1993), and are not void for vagueness, United States v. Turner , 928 F.2d 956, 960 (10th Cir. 1991). Similarly, although Mr. Crooks does not in his own brief raise the argument he made below regarding ineffective assistance of c ounsel, Mr. Crook’s counsel notes that such claims should generally be raised i n a petition for habeas corpus-4-

relief, rather than on direct appeal. See, e.g. , Massaro v. United States , 123 S. Ct. 1690, 1695 (2003); United States v. Galloway , 56 F.3d 1239, 1240 (10th Cir. 1995) (en banc). In his pro se brief, Mr. Crooks makes two additiona l arguments. Neither is perfectly clear, but as best we can discern, the fi rst is based on alleged inconsistencies between a witness’ trial testimony and an agent’s narration of that testimony to the grand jury. Mr. Crooks has not ac tually alleged that he was refused the right to have the grand jury minutes ma de available for his counsel to inspect for inconsistencies. Nor can we find any i ndication in the record of a request for such minutes or a refusal by the court to allow such an inspection of them. Although we construe pro se arguments libera lly, Cummings v. Evans , 161 F.3d 610, 613 (10th Cir. 1998), we are not obliged to hunt through the record to find support for any litigant’s argument. See Steele v. Thiokol Corp. , 241 F.3d 1248, 1250 n.1 (10th Cir. 2001); Adler v. WalMart Stores, Inc. , 144 F.3d 644, 672 (10th Cir. 1998). Nonetheless, our review of the r ecord indicates that the court entered an order permitting disclosure of grand jury material, rec., vol. I, doc. 183, and that Mr. Crooks received relevant transcri pts of the grand jury proceedings, id. doc. 241 at 2; id. doc. 290 at 6; rec., vol. II, doc. 296 at 7. Moreover, Mr. Crooks acknowledged before trial thathe had “received all the discovery available in the case regarding his condu ct from the United States-5-

Government.” Rec., vol. II, doc. 351 at 2. Thus, to the extent we comprehend Mr. Crooks’ first argument, we find it lacks any fo undation and is frivolous. As to the second argument, Mr. Crooks may be allegi ng a violation of his right to confront witnesses. If that is the case, our review of the record establishes that both witnesses mentioned in his pr o se brief testified at the trial, where Mr. Crooks’ counsel had the opportunity to cr oss-examine them. Id., doc. 920, attach. at 14-15. It is also possible to cons true Mr. Crooks’ argument as one challenging the credibility of these two witnesses, which aligns with Mr. Crooks’ remarks on the subject at his sentencing hearing. Rec., vol. III at 10, 33-35. We do not disturb the credibility determinations of th e district court unless they are clearly erroneous. United States v. McIntyre , 997 F.2d 687, 708 (10th Cir. 1993). No such error is apparent in this case. Mr. Crooks ’ second argument is thus frivolous as well. After careful review of the entire proceedings, we agree with counsel that no non-frivolous grounds for appeal appear on this record. Accordingly, we
GRANT counsel’s request to withdraw and we DISMISS the appeal.
ENTERED FOR THE COURT Stephanie K. Seymour Circuit Judge