UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-4667
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JERRY WAYNE ROSE,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. N. Carlton Tilley, Jr.,
District Judge. (1:05-cr-00399-NCT)
Submitted: November 15, 2006 Decided: November 20, 2006
Before WIDENER, WILKINSON, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Louis C. Allen III, Federal Public Defender, William S. Trivette,
Assistant Federal Public Defender, Greensboro, North Carolina, for
Appellant. Lisa Blue Boggs, Assistant United States Attorney,
Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jerry Wayne Rose pled guilty without a plea agreement to
one count of possession of ammunition by a convicted felon, in
violation of 18 U. S. C. § 922(g)(1) (2000) and 18 U. S. C. A.
§ 924 (e)(West 2000 & Supp. 2006). Under the Armed Career Criminal
Act, 18 U. S. C. § 924(e), Rose was sentenced to the statutorily
mandated minimum sentence of 180 months of imprisonment plus five
years of supervised release.* Rose’s appellate counsel has filed
a brief in accordance with Anders v. California, 386 U.S. 738
(1967), stating that in counsel’s opinion there are no meritorious
grounds for appeal, but asserting that the court sentenced Rose to
an unreasonable term of confinement. Although informed of his
right to file a pro se supplemental brief, Rose has not done so.
Although Rose contends that his fifteen-year sentence is
unreasonable considering the circumstances of his offense, the
district court had no discretion to depart from the mandatory
minimum sentence under 18 U.S.C. § 924(e). See United States v.
Robinson, 404 F.3d 850, 862 (4th Cir.), cert. denied, 126 S. Ct.
288 (2005) (except upon motion of the Government on the basis of
substantial assistance, a district court has no discretion to
depart below a statutory minimum sentence).
*
Rose had prior felony convictions for discharging a weapon
into occupied property, assault with a deadly weapon on a
government official (two counts), eluding arrest by motor vehicle,
and breaking and entering.
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In accordance with Anders, we have reviewed the record in
this case and have found no meritorious issues for appeal. We
therefore affirm Rose’s conviction and sentence. This court
requires that counsel inform his client, in writing, of the right
to petition the Supreme Court of the United States for further
review. If Rose 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 Rose.
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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