UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-4049
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MARVIN JAMES MEANS,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Spartanburg. Henry M. Herlong, Jr., District
Judge. (CR-02-244)
Submitted: March 15, 2004 Decided: April 16, 2004
Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Benjamin T. Stepp, Assistant Federal Public Defender, Greenville,
South Carolina, for Appellant. J. Strom Thurmond, Jr., United
States Attorney, Columbia, South Carolina; E. Jean Howard,
Assistant United States Attorney, Greenville, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Marvin James Means pled guilty to participating in a
conspiracy to possess with intent to distribute five kilograms or
more of cocaine and fifty grams or more of crack cocaine, 21 U.S.C.
§ 846 (2000), and received a sentence of eighty-seven months
imprisonment. Means’ attorney has filed a brief pursuant to
Anders v. California, 386 U.S. 738 (1967), raising as a potentially
meritorious issue the district court’s decision to deny Means a
minor or minimal role adjustment, U.S. Sentencing Guidelines Manual
§ 3B1.2 (2002), but asserting that, in his view, there are no
meritorious issues for appeal. Means has been informed of his
right to file a pro se supplemental brief, but has not filed a
brief. We affirm.
A minimal participant in a concerted criminal activity is
one who lacks “knowledge or understanding of the scope and
structure of the enterprise and the activities of others. . . .”
USCG § 3B1.2, comment. (n.4). A minor participant is one who is
“less culpable than most other participants,” but is not a minimal
participant. Id. A defendant has the burden of showing, by a
preponderance of the evidence, that he is entitled to a mitigating
role adjustment. United States v. Akinkoye, 185 F.3d 192, 203 (4th
Cir. 1999). Means was arrested in New Mexico while transporting
three kilograms of cocaine and twelve grams of crack from
California to South Carolina with co-defendant Dewayne Brewton, the
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leader of the conspiracy, who had recruited Means to help transport
drugs. The district court determined that Means did not qualify
for a minor or minimal role adjustment. Our review of the record
discloses that the district court’s decision was not clearly
erroneous. United States v. Ruhe, 191 F.3d 376, 388 (4th Cir.
1999) (stating standard of review).
Pursuant to Anders, this court has reviewed the record
for reversible error and has found none. We therefore affirm the
conviction and sentence. 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 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
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