United States v. Wade

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA,  Plaintiff-Appellee, v.  No. 01-4499 FREDDIE CHARLIE WADE, JR., a/k/a Bo, Defendant-Appellant.  Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Joseph F. Anderson, Jr., Chief District Judge. (CR-00-915) Submitted: January 31, 2002 Decided: February 11, 2002 Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges. Affirmed by unpublished per curiam opinion. COUNSEL Langdon D. Long, Assistant Federal Public Defender, Columbia, South Carolina, for Appellant. Marshall Prince, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee. 2 UNITED STATES v. WADE Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). OPINION PER CURIAM: Freddie Charlie "Bo" Wade, Jr., appeals from his conviction and seventy-seven-month sentence imposed following his guilty plea to conspiracy to possess with intent to distribute and to distribute crack cocaine in violation of 21 U.S.C.A. § 846 (West 1999). Wade’s coun- sel filed a brief pursuant to Anders v. California, 386 U.S. 738, 744 (1967), stating that there were no meritorious issues for appeal, but addressing the possibility that the plea was invalid and that the sen- tence was improper. Wade was informed of his right to file a pro se brief, but he has not done so. Because our review of the record dis- closes no reversible error, we affirm Wade’s conviction and sentence. We find that Wade’s guilty plea was knowingly and voluntarily entered after a thorough hearing pursuant to Fed. R. Crim. P. 11. Wade was properly advised as to his rights, the offense charged, and the maximum sentence for the offense. The court also determined that there was an independent factual basis for the plea and that the plea was not coerced or influenced by any promises. See North Carolina v. Alford, 400 U.S. 25, 31 (1970); United States v. DeFusco, 949 F.2d 114, 119-20 (4th Cir. 1991). We find that the district court properly computed Wade’s offense level and criminal history category and correctly determined the applicable guideline range of seventy to eighty-seven months. The court’s imposition of a sentence within the properly calculated range is not reviewable. United States v. Jones, 18 F.3d 1145, 1151 (4th Cir. 1994). As required by Anders, we have reviewed the entire record and have found no meritorious issues for appeal. We therefore affirm Wade’s conviction and sentence. This court requires that counsel inform his client, in writing, of his right to petition the Supreme Court UNITED STATES v. WADE 3 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