UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-4659
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TONY LAMONT MCCLAIN,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Spartanburg. Henry M. Herlong, Jr., District
Judge. (CR-04-1012)
Submitted: March 22, 2006 Decided: April 13, 2006
Before NIEMEYER and LUTTIG, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
David W. Plowden, Assistant Federal Public Defender, Greenville,
South Carolina, for Appellant. Alan Lance Crick, 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Unpublished opinions are not binding precedent in this circuit.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:
Tony Lamont McClain appeals from the 120-month sentence
imposed following his guilty plea to possession of a firearm as a
convicted felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924
(2000), possession with intent to distribute a quantity of crack
cocaine, in violation of 21 U.S.C. § 841(a)(1) & (b)(1)(B) (2000),
and use of a firearm in furtherance of a drug trafficking crime, in
violation of 18 U.S.C. § 924(c)(1)(A) (2000). McClain’s counsel
filed a brief pursuant to Anders v. California, 386 U.S. 738, 744
(1967), stating that there were no meritorious issues for appeal,
but challenging McClain’s sentence. McClain was informed of his
right to file a pro se brief, but did not do so. Because our
review of the record discloses no reversible error, we affirm
McClain’s conviction and sentence.
McClain argues the district court erred in sentencing him
to 120 months’ imprisonment. We disagree. McClain admitted to
possession of at least five but no more than twenty grams of crack
cocaine, thus triggering the five-year mandatory minimum set forth
in 21 U.S.C. § 841(b)(1)(B)(viii) (2000). Further, pleading guilty
to use of a firearm in furtherance of a drug trafficking offense
resulted in the application of another five-year mandatory minimum
term, which must be served consecutive to any other term of
imprisonment. 18 U.S.C. § 924(c)(1)(A). Thus, pursuant to these
statutory mandatory minimums, the ten-year sentence was the
- 2 -
shortest possible term of imprisonment to which the district court
could have sentenced McClain. Accordingly, we find the district
court committed no error.
As required by Anders, we have reviewed the entire record
and have found no meritorious issues for appeal. McClain’s guilty
plea was knowingly and voluntarily entered after a thorough hearing
pursuant to Rule 11. McClain was properly advised of his rights,
the offenses charged, and the maximum sentences for the offenses.
The court also determined that there was an independent factual
basis for the plea and that the plea was not coerced or influenced
by any promises. See North Carolina v. Alford, 400 U.S. 25, 31
(1970); United States v. DeFusco, 949 F.2d 114, 119-20 (4th Cir.
1991). We therefore affirm McClain’s 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 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
- 3 -