United States v. Boraders

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA,  Plaintiff-Appellee, v.  No. 02-4362 LAURA BORADERS, a/k/a Lisa Stringer, Defendant-Appellant.  Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Lacy H. Thornburg, District Judge. (CR-00-157) Submitted: November 7, 2002 Decided: November 15, 2002 Before WILKINS and LUTTIG, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. COUNSEL Chiege Ojugo Kalu Okwara, Charlotte, North Carolina, for Appellant. Thomas Richard Ascik, OFFICE OF THE UNITED STATES ATTORNEY, Ashville, North Carolina, for Appellee. 2 UNITED STATES v. BORADERS Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). OPINION PER CURIAM: Pursuant to a valid plea agreement, Laura Boraders pled guilty to conspiracy to commit bank fraud and to utter counterfeit securities in violation of 18 U.S.C. §§ 371, 1344, and 513(a). Boraders received a 10 month prison term. Boraders’s attorney has filed a brief in accor- dance with Anders v. California, 386 U.S. 738 (1967). Counsel states that there are no meritorious grounds for appeal but asserts the district court erred by refusing to grant Boraders a two-point downward adjustment for acceptance of responsibility pursuant to U.S. Sentenc- ing Guidelines Manual §§ 3E1.1(a) (2000). Finding no error, we affirm. We review a district court’s decision to deny a reduction to the offense level for acceptance of responsibility for clear error. United States v. Pauley, 289 F.3d 254, 261 (4th Cir. 2002). Because Boraders committed an identical state offense within three weeks of the time she entered her plea agreement, and claimed she was innocent at sen- tencing, we find the district court did not err in denying a reduction for acceptance of responsibility. Even if the district court had commit- ted error in not granting a reduction for acceptance of responsibility, Borader’s sentence is within the recommended guidelines range had the district court granted the reduction, and thus she was not preju- diced. Accordingly, we affirm Borader’s conviction and sentence. As required by Anders, we have reviewed the record and conclude that there are no meritorious issues for appeal. 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 peti- tion would be frivolous, then counsel may move in this court for leave to withdraw from representation. Counsel’s motion must state that a UNITED STATES v. BORADERS 3 copy thereof was served on the client. We dispense with oral argu- ment because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the deci- sional process. AFFIRMED