United States v. Trapp

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA,  Plaintiff-Appellee, v.  No. 01-4848 ANTHONY JEROME TRAPP, Defendant-Appellant.  Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, Senior District Judge. (CR-00-119-F) Submitted: June 20, 2002 Decided: June 28, 2002 Before MICHAEL and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. COUNSEL Thomas P. McNamara, Federal Public Defender, G. Alan DuBois, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant. Kimberly A. Moore, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. 2 UNITED STATES v. TRAPP Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). OPINION PER CURIAM: Anthony Jerome Trapp appeals the district court’s order revoking his term of supervised release and sentencing him to twenty-four months’ imprisonment. Trapp’s attorney has filed a brief in accor- dance with Anders v. California, 386 U.S. 738 (1967), raising one issue but stating that, in his view, there are no meritorious grounds for appeal. Trapp was informed of his opportunity to file a pro se supple- mental brief, but has not done so. Finding no reversible error, we affirm. Trapp claims that the district court abused its discretion in impos- ing a twenty-four month sentence because it exceeded the recom- mended sentencing range of six to twelve months set out in U.S. Sentencing Guidelines Manual ("USSG") § 7B1.4(a) (2000). We review the reasonableness of a revocation sentence for abuse of dis- cretion. United States v. Davis, 53 F.3d 638, 642-43 (4th Cir. 1995). Based on our review of the record, we find the district court did not abuse its discretion in sentencing Trapp to the statutory maximum sentence of twenty-four months’ imprisonment. The sentencing ranges contained in Chapter Seven of the Guidelines are "non- binding, advisory guides to district courts in supervised release revo- cation proceedings." Davis, 53 F.3d at 642; see also United States v. Holmes, F.3d ___, 2002 WL 441198, *1 (8th Cir. Mar. 22, 2002). As required by Anders, we have examined the entire record and find no other meritorious issues for appeal. Accordingly, we affirm the district court’s order. 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 UNITED STATES v. TRAPP 3 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