UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-4275
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DWAYNE MARCELLUS ODOM,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. James A. Beaty, Jr.,
District Judge. (CR-03-352)
Submitted: October 1, 2004 Decided: October 21, 2004
Before WILLIAMS, TRAXLER, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Thomas N. Cochran, Assistant Federal Public Defender, Greensboro,
North Carolina, for Appellant. Angela Hewlett Miller, OFFICE OF THE
UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Dwayne Marcellus Odom appeals the judgment order of the
district court sentencing him to sixty-four months of imprisonment
following his guilty plea to possession of a firearm as a convicted
felon, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2) (2000).
In his appeal, filed pursuant to Anders v. California, 386 U.S. 738
(1967), counsel claims to have found no non-frivolous issues for
appeal but questions whether Odom’s sentence is unduly harsh. Odom
has been advised of his right to file a pro se supplemental brief
but has elected not to do so.
We have performed an independent review of the record and
likewise find no meritorious issues. The district court complied
with the mandates of Fed. R. Crim. P. 11 in accepting Odom’s guilty
plea, and Odom’s challenge to a sentence within the properly
calculated guideline range is not reviewable on appeal. See United
States v. Jones, 18 F.3d 1145, 1151 (4th Cir. 1994). Accordingly,
we affirm the judgment of the district court. We also deny
counsel’s motion to withdraw. 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 representation. Counsel’s motion must
state that a copy thereof was served on the client. We dispense
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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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