Opinion

United States v. Brown

Court
Court of Appeals for the Fourth Circuit
Filed
Apr 2, 1996
Status
Unpublished
Cited by
0 cases
Authority
More cited than 27.8%

The opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v. No. 94-5930

WILLIAM A. BROWN,

Defendant-Appellant.

Appeal from the United States District Court

for the District of South Carolina, at Columbia.

Matthew J. Perry, Jr., Senior District Judge.

(CR-94-2)

Submitted: March 21, 1996

Decided: April 2, 1996

Before NIEMEYER and MICHAEL, Circuit Judges, and

BUTZNER, Senior Circuit Judge.

_________________________________________________________________

Affirmed by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

John D. Delgado, Columbia, South Carolina, for Appellant. J. Preston

Strom, Jr., United States Attorney, Beth Caldwell, Assistant United

States Attorney, Columbia, South Carolina, for Appellee.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

OPINION

PER CURIAM:

William A. Brown appeals his conviction and sentence on a guilty

plea on a charge of possession of a firearm by a felon, in violation of

18 U.S.C.A. § 922(g) (West Supp. 1995). Brown's attorney has filed

a brief in accordance with Anders v. California , 386 U.S. 738 (1967),

asserting that the judge erred in sentencing Brown to the "maximum"

allowable under the guidelines, but concluding that there were no

meritorious grounds for appeal. Brown was notified of his right to file

an additional brief, which he did, claiming violations of his constitu-

tional rights due to: (1) his alleged failure to receive a warrant or

indictment on the charged offense; (2) the district court's allegedly

erroneous application of the sentencing guidelines; and (3) his dual

convictions in state and federal court for the same offense.

In accordance with the requirements of Anders , we have examined

the entire record and find no meritorious issues for appeal. We find

that Brown's guideline range was properly calculated pursuant to the

United States Sentencing Commission, Guidelines Manual. As such,

the district judge's imposition of a sentence within that range does not

state an appealable question under 18 U.S.C.A. § 3742 (West 1985 &

Supp. 1995). See United States v. Porter, 909 F.2d 789, 794 (4th Cir.

1990). In addition, we find the additional issues Brown raised in his

supplemental brief to be without merit.

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. Coun-

sel's motion must state that a copy thereof was served on the client.

We dispense with oral argument because the facts and legal conten-

tions are adequately presented in the materials before the court and

argument would not aid the decisional process.

AFFIRMED

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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