UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-4584
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TRINITY JAQUEY CLYBURN,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Terry L. Wooten, District Judge.
(4:05-cr-01299-TLW)
Submitted: February 28, 2008 Decided: March 3, 2008
Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Steven M. Hisker, Duncan, South Carolina, for Appellant. Arthur
Bradley Parham, OFFICE OF THE UNITED STATES ATTORNEY, Florence,
South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Trinity Jaquey Clyburn pled guilty pursuant to a written
plea agreement to conspiracy to possess with intent to distribute
and to distribute cocaine base and cocaine, in violation of 21
U.S.C. §§ 841(a)(1), (b)(1)(A), (b)(1)(B); 846. As Clyburn was
determined to be a career offender, he was sentenced to 264 months’
imprisonment. Finding no error, we affirm.
On appeal, counsel filed a brief pursuant to Anders v.
California, 386 U.S. 738 (1967), asserting there are no meritorious
grounds for appeal, but questioning whether the district court
fully complied with the requirements of Fed. R. Crim. P. 11.
Although Clyburn was notified of his right to file a pro se
supplemental brief, he did not do so, and the Government elected
not to file a responding brief.
Because Clyburn did not seek to withdraw his guilty plea
in the district court, we review any alleged Rule 11 error for
plain error. United States v. Martinez, 277 F.3d 517, 524-26 (4th
Cir. 2002). To establish plain error, Clyburn must show that an
error occurred, that the error was plain, and that the error
affected his substantial rights. United States v. White, 405 F.3d
208, 215 (4th Cir. 2005). We have reviewed the record and find no
error.
In accordance with Anders, we have reviewed the entire
record in this case and have found no meritorious issues for
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appeal. Accordingly, we 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 in the
decisional process.
AFFIRMED
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