Opinion

United States v. Brown

  • 238 F. App'x 997
Court
Court of Appeals for the Fourth Circuit
Filed
Sep 5, 2007
Status
Unpublished
On the bench
Michael, King, Shedd
Cited by
0 cases
Authority
More cited than 28.5%

The opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-5112

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ISSAC JERMAINE BROWN,

Defendant - Appellant.

Appeal from the United States District Court for the District of

South Carolina, at Anderson. Henry M. Herlong, Jr., District

Judge. (8:06-cr-00246)

Submitted: August 30, 2007 Decided: September 5, 2007

Before MICHAEL, KING, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Andrew Mackenzie, BARRETT MACKENZIE, L.L.C., Greenville, South

Carolina, for Appellant. Maxwell Barnes Cauthen, III, OFFICE OF

THE UNITED STATES ATTORNEY, Greenville, South Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Issac Jermaine Brown appeals his conviction following his

guilty plea to possession of a firearm by a convicted felon. His

attorney filed a brief pursuant to Anders v. California, 386 U.S.

738 (1967). Brown’s Anders brief raises the issue of whether his

plea was knowing and voluntary. Brown filed a supplemental pro se

brief raising the issues of whether the Armed Career Criminal Act

was applied in error to his sentence and whether counsel was

ineffective for allegedly failing to examine Brown’s prior

conviction file. The Government has declined to file a responding

brief. Finding no reversible error, we affirm.

Brown suggests that his guilty plea was not knowing and

voluntary. Brown never sought to withdraw his guilty plea, and we

therefore review his allegations for plain error. See United

States v. Martinez, 277 F.3d 517, 525-26 (4th Cir. 2002). The

district court ensured that Brown fully understood the significance

of his guilty plea and that the plea was knowing and voluntary.

The district court satisfactorily complied with its Fed. R. Crim.

P. 11 obligations, and we therefore reject Brown’s challenge to the

integrity of his guilty plea.

In accordance with Anders, we have reviewed the entire

record in this case and have found no meritorious issues for

appeal, including those advanced by Brown in his supplemental pro

se brief. We therefore affirm Brown’s conviction and sentence.

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This court requires that counsel inform his client, in writing, of

his right to petition the Supreme Court of the United States for

further review. If the client requests that a petition be filed,

but counsel believes that such a petition would be frivolous, then

counsel may move in this court for leave to withdraw from

representation. Counsel’s motion must state that a copy thereof

was served on the client.

We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials before

the court and argument would not aid the decisional process.

AFFIRMED

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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