United States v. Anderson

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA,  Plaintiff-Appellee, v.  No. 01-4462 SHELLY LEE ANDERSON, JR., a/k/a Shelly Anderson, Defendant-Appellant.  Appeal from the United States District Court for the District of South Carolina, at Columbia. Cameron McGowan Currie, District Judge. (CR-00-934) Submitted: January 24, 2002 Decided: February 8, 2002 Before NIEMEYER and WILLIAMS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. COUNSEL John H. Hare, Assistant Federal Public Defender, Columbia, South Carolina, for Appellant. William Kenneth Witherspoon, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee. 2 UNITED STATES v. ANDERSON Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). OPINION PER CURIAM: Shelly Lee Anderson, Jr., pled guilty to conspiracy to possess with intent to distribute greater than 500 grams but less than five kilograms of cocaine and was sentenced to sixty months of imprisonment and five years of supervised release. Anderson’s attorney has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Coun- sel states that there are no meritorious grounds for appeal but raises two issues: whether the district court complied with Fed. R. Crim. P. 11 and whether Anderson was properly sentenced. For the reasons that follow, we affirm. First, we do not find that the district court committed reversible error in conducting its Rule 11 colloquy with Anderson at the plea hearing. See Fed. R. Crim. P. 11(h) (noting that any variance from Rule 11 that does not affect substantial rights shall be disregarded); United States v. Goins, 51 F.3d 400, 402 (4th Cir. 1995) (stating review standard). Second, we find no error in Anderson’s sentence. See Fed. R. Crim. P. 52(b); United States v. Pinckney, 938 F.2d 519, 522 (4th Cir. 1991). We have examined the entire record in this case in accordance with the requirements of Anders, and find no meritorious issues for appeal. Accordingly, we affirm. 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 repre- sentation. 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