UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-4868
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
BARBARA HAMPTON,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Henry M. Herlong, Jr., District
Judge. (CR-03-1024)
Submitted: August 25, 2005 Decided: August 30, 2005
Before TRAXLER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Margaret A. Chamberlain, CHAMBERLAIN LAW FIRM, Greenville, South
Carolina, for Appellant. Regan Alexandria Pendleton, 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Unpublished opinions are not binding precedent in this circuit.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:
Barbara Hampton appeals her conviction and fifty-month
sentence following her guilty plea to conspiracy to possess with
intent to distribute 100 grams or more of heroin, in violation of
21 U.S.C. §§ 841, 846 (2000). Counsel has filed a brief pursuant
to Anders v. California, 386 U.S. 738 (1967), in which she asserts
that there are no non-frivolous claims for appeal, but questions
whether the district court should have imposed a lesser sentence or
given credit for time served. Hampton was notified of her
opportunity to file a pro se supplemental brief but has not done
so.
Because Hampton received a sentence below the statutory
minimum, we find her challenge to be without merit. She has not
argued, and cannot establish, a Sixth Amendment error at
sentencing. See United States v. Booker,___U.S.___, 125 S. Ct. 738
(2005); United States v. White, 405 F.3d 208, 220 (4th Cir. 2005).
Moreover, she has pointed to no fact or law to suggest that the
sentence imposed was improper or unreasonable. Accordingly, we
affirm the judgment of the district court.
In accordance with Anders, we have reviewed the entire
record and have found no meritorious issues for appeal. This court
requires that counsel inform her client, in writing, of her right
to petition the Supreme Court of the United States for further
review. If the client requests that a petition be filed, but
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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
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