NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

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No. 20-2114

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UNITED STATES OF AMERICA

v.

SHYNNELL ISAAC WALKER, a/k/a “SHAW” a/k/a “Shawnell”

 Appellant

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Appeal from the United States District Court

for the Middle District of Pennsylvania

(D.C. No. 4-05-cr-00211-005)

District Judge: Hon. Christopher C. Conner

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Submitted Under Third Circuit L.A.R. 34.1(a)

March 15, 2021

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Before: SHWARTZ, PORTER, and MATEY, Circuit Judges.

(Filed: March 17, 2021)

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OPINION*

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* This disposition is not an opinion of the full Court and, pursuant to I.O.P. 5.7, 

does not constitute binding precedent.
2

SHWARTZ, Circuit Judge.

Shynnell Walker appeals the District Court’s judgment revoking his supervised 

release. His appellate counsel contends that his appeal presents no nonfrivolous issues 

and moves to withdraw under Anders v. California, 386 U.S. 738 (1967). We will grant 

the motion and affirm.

I

Walker pleaded guilty to one count of conspiracy to possess heroin with the intent 

to distribute, in violation of 21 U.S.C. § 846, and was sentenced to seventy months’ 

imprisonment followed by three years’ supervised release. Walker was released from 

prison on May 16, 2012 and began his term of supervised release. 

Approximately three months later, Walker was charged with possession of heroin 

with intent to deliver and possession of marijuana for personal use. Because his 

commission of these state crimes violated his terms of supervised release, the District 

Court revoked Walker’s supervised release and sentenced him to twenty-four months’ 

imprisonment, to be served consecutively to any state-imposed sentence, followed by 

three years’ supervised release. Walker served his prison sentences and began his second 

term of supervised release on July 27, 2017. 

In August 2018, Walker was charged with illegal possession of a firearm, 

possession of heroin and marijuana with the intent to deliver, and possession of heroin 
3

and marijuana.1 Walker was held in state custody, and the Government obtained a 

warrant for Walker’s arrest based on his alleged violation of the condition of supervised 

release that forbade him from committing a state crime. See 18 U.S.C. § 3583(d). The 

warrant was lodged as a detainer. 

Approximately twelve months later, Walker appeared before the Magistrate Judge, 

who held preliminary and bail hearings. The Magistrate Judge concluded that there was 

probable cause to believe Walker violated his conditions of supervised release and 

detained him pending further proceedings. Walker then appeared before the District 

Court for a revocation hearing. There, he waived his right to a revocation hearing and 

admitted that he violated the conditions of his supervised release by committing a state 

crime. The Court revoked Walker’s supervised release and sentenced him to twenty-four 

months’ imprisonment, consecutive to any state-imposed term of imprisonment, with no 

further supervised release. 

Walker’s counsel filed an appeal on Walker’s behalf and a motion to withdraw, 

asserting that there are no nonfrivolous grounds for appeal. 

II2

A

“Third Circuit Local Appellate Rule 109.2(a) reflects the guidelines the Supreme 

1 Walker pleaded guilty in state court to one count of possession of marijuana with 

the intent to deliver and was sentenced to fifteen to thirty months’ imprisonment. 

2 We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742. We 

exercise plenary review to determine whether there are any nonfrivolous issues for 
4

Court promulgated in Anders to assure that indigent clients receive adequate and fair 

representation.” United States v. Youla, 241 F.3d 296, 300 (3d Cir. 2001). This rule 

allows defense counsel to file a motion to withdraw and an accompanying brief pursuant 

to Anders when counsel has reviewed the record and concluded that “the appeal presents 

no issue of even arguable merit.” Third Cir. L.A.R. 109.2(a). When counsel submits an 

Anders brief, we must determine: “(1) whether counsel adequately fulfilled the rule’s 

requirements; and (2) whether an independent review of the record presents any 

nonfrivolous issues.” Youla, 241 F.3d at 300 (citing United States v. Marvin, 211 F.3d 

778, 780 (3d Cir. 2000)). An issue is frivolous if it “lacks any basis in law or fact.” 

McCoy v. Court of Appeals of Wis., Dist. 1, 486 U.S. 429, 438 n.10 (1988). 

To determine whether counsel has fulfilled Rule 109.2(a)’s requirements, we 

examine the brief to see if it: (1) shows that counsel has thoroughly examined the record 

in search of appealable issues, identifying those that arguably support the appeal even if 

wholly frivolous, Smith v. Robbins, 528 U.S. 259, 285 (2000); and (2) explains why 

those issues are frivolous, Marvin, 211 F.3d at 780-81. If counsel’s Anders brief meets 

these requirements, it guides our review, and we need not scour the record. See Youla, 

241 F.3d at 301.

Counsel’s Anders brief satisfies both elements, and an independent review of the 

appeal. Penson v. Ohio, 488 U.S. 75, 80 (1988). Because Walker did not object to any 

aspect of his conviction or sentence, we review for plain error. United States v. FloresMejia, 759 F.3d 253, 256 (3d Cir. 2014) (en banc). 
5

record reveals no nonfrivolous issues.3 First, the brief demonstrates a thorough 

examination of the record and identifies the District Court’s jurisdiction, the validity of 

the supervised release revocation, and the reasonableness of the sentence. Second, the 

brief explains why any challenge to the revocation or sentence would be frivolous under

the governing law. Counsel’s Anders brief is therefore sufficient, so we will confirm the 

District Court’s jurisdiction and review the propriety of the revocation and sentence.

B

As Walker’s counsel notes, there is no question that the District Court had 

jurisdiction to revoke his supervised release and impose a prison sentence under 18 

U.S.C. § 3583(e)(3), because it had jurisdiction under 18 U.S.C. § 3231 to adjudicate 

Walker’s underlying conviction for possession with intent to distribute heroin in violation 

of 21 U.S.C. § 846. Accordingly, any objection to the District Court’s jurisdiction would 

be frivolous. 

There were also no errors in the revocation proceedings. Before a district court 

may revoke supervised release, the person alleged to have violated the terms of his 

release is entitled to a preliminary hearing, followed by a revocation hearing, at which the 

person has the right to notice and counsel, to question adverse witnesses, and to present 

evidence on the alleged violation and in mitigation. Fed. R. Crim. P. 32.1(b). A 

defendant may waive the right to this hearing. Fed. R. Crim. P. 32.1(c)(2)(A).

3 Walker was permitted to file a pro se brief raising any additional arguments, but 

he did not do so.
6

Here, Walker had a preliminary hearing and the Magistrate Judge found there was 

probable cause to believe that Walker violated the terms of supervised release.4

 Before 

the District Court, Walker waived his right to a hearing and admitted to the violation.

We review whether Walker’s admission to having violated his terms of supervised 

release was counseled and voluntary. See United States v. Broce, 488 U.S. 563, 569 

(1989) (holding that the review of a final judgment of conviction based on a guilty plea is 

generally limited to whether the plea was both voluntary and counseled). In the context 

of a supervised release revocation hearing, the voluntariness of a defendant’s waiver of 

rights is based on the “totality of the circumstances.” United States v. Manuel, 732 F.3d 

283, 291 (3d Cir. 2013). This standard does not mandate “rigid or specific colloquies 

with the district court,” but requires that the court advise the “person on supervised 

release of both the rights afforded him[] and the consequences of relinquishing those 

rights.” Id. (quotation marks and citations omitted); see also United States v. LeBlanc, 

175 F.3d 511, 515-16 (7th Cir. 1999) (reviewing cases and noting that “we are unaware 

of any court holding that a Rule 11 colloquy would be required at a probation or parole 

revocation”). 

4 The twelve-month delay between the filing of the revocation petition and the 

preliminary hearing before the Magistrate Judge did not violate Walker’s due process or 

Rule 32 rights because he was in state custody for the entire period, see United States ex 

rel. Caruso v. U.S. Bd. of Parole, 570 F.2d 1150, 1153-55 (3d Cir. 1978), and the 

reasonable time within which he must have had a hearing was not triggered until he was 

brought into federal custody. 
7

Walker’s admission that he violated his supervised release and his agreement to 

waive his right to a revocation hearing were knowing and voluntary.

5

 The District Court 

first confirmed that Walker’s counsel reviewed the petition for revocation with him and 

that Walker understood the charge against him and the underlying facts. The District 

Court then explained to Walker that he was entitled to a revocation hearing, in which the 

Government would offer evidence to prove those charges. It noted that if Walker waived 

the revocation hearing, that waiver “would be viewed as an admission that [Walker] 

committed the violations set forth in the [revocation] petition” and the Court would 

proceed to sentencing. App. 100. Additionally, Walker’s counsel stated that Walker was 

willing to admit to the violation and understood the consequences of that admission. 

Following the colloquy, the Court found that Walker was “fully alert, competent, and 

capable of making a voluntary waiver,” accepted that waiver, and concluded that Walker 

violated his terms of supervised release. The totality of the circumstances demonstrates

there is no nonfrivolous argument regarding Walker’s knowing and voluntary revocation 

hearing waiver or his admission that he violated his supervised release.

Finally, Walker’s counsel is correct that there are no nonfrivolous arguments 

concerning the reasonableness of Walker’s sentence. Reasonableness encompasses both 

procedural and substantive components. See United States v. Tomko, 562 F.3d 558, 566 

(3d Cir. 2009) (en banc). With respect to procedural reasonableness, a district court must 

5 Because this revocation hearing was not Walker’s first, he was familiar with 

these proceedings.
8

(1) calculate the applicable Guidelines range, (2) consider departure motions, and 

(3) meaningfully address all relevant 18 U.S.C. § 3553(a) factors. United States v. 

Gunter, 462 F.3d 237, 247 (3d Cir. 2006). In the context of a supervised release

violation, the sentence is imposed “primarily to sanction the defendant’s breach of trust 

while taking into account, to a limited degree, the seriousness of the underlying violation 

and the criminal history of the violator.” United States v. Bungar, 478 F.3d 540, 544 (3d 

Cir. 2007) (quotation marks and citations omitted). The District Court fulfilled these 

requirements.

First, the District Court correctly found that, pursuant to U.S.S.G. § 7B1.1(a)(1), 

Walker committed a Grade A violation of his supervised release and that he had a 

criminal history category of IV. As such, the Court correctly determined that he faced a 

Guidelines sentence of twenty-four to thirty months, but that the statutory maximum

capped his sentence at twenty-four months under 18 U.S.C. § 3583(e).

Second, the District Court considered and denied Walker’s request that his 

supervised release sentence run concurrent to his state sentence. The Sentencing 

Commission “strong[ly] prefer[s] . . . imposing a consecutive sentence to the extent 

necessary to provide an incremental penalty.” United States v. Swan, 275 F.3d 272, 283 

(3d Cir. 2002). A consecutive sentence is not mandatory, however, and a district court 

may “exercise its discretion and be guided by its own view of what is needed in the way 

of an incremental penalty in the particular setting.” Id. Here, the Court reasonably 

concluded that, given Walker’s criminal history and previous violation of supervised 
9

release for having committed another state drug crime, a consecutive sentence was 

warranted. 

Third, the District Court imposed a sentence “for reasons that are logical and 

consistent with the factors set forth” in § 3553(a). United States v. Styer, 573 F.3d 151, 

154-55 (3d Cir. 2009) (quoting United States v. Cooper, 437 F.3d 324, 330 (3d Cir. 

2006)). The Court weighed Walker’s “significant criminal history” and pattern of 

“violations . . . [that] seem to occur relatively quickly after release” against Walker’s 

personal circumstances meriting mitigation, including his allocution, which detailed 

violence prevention and drug treatment programs he completed while incarcerated, and 

the testimony of family members. App. 104. The Court then concluded that, because 

Walker was “incorrigible and incapable of meaningful supervision,” as reflected by his 

commission of multiple crimes while on supervised release, it would impose the statutory 

maximum sentence of twenty-four months’ imprisonment but would not order a further

term of supervised release. App. 104. The sentence was thus procedurally reasonable. 

The sentence was also substantively reasonable. Given Walker’s history of 

recidivism, we cannot say that “no reasonable sentencing court would have imposed” the 

within-Guidelines sentence of twenty-four months. Tomko, 562 F.3d at 568. Thus, any 

challenge to the substantive reasonableness of Walker’s sentence would lack merit. 

III

For the foregoing reasons, we will affirm the District Court’s judgment and grant 

counsel’s motion to withdraw.