UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-4891
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANTHONY TYRONE WILLIAMS,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. R. Bryan Harwell, District Judge.
(4:06-cr-01320-RBH)
Submitted: February 20, 2008 Decided: April 23, 2008
Before NIEMEYER, TRAXLER, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Michael A. Meetze, Assistant Federal Public Defender, Florence,
South Carolina, for Appellant. Alfred William Walker Bethea, Jr.,
Assistant United States Attorney, Florence, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Anthony Tyrone Williams pleaded guilty, pursuant to a
plea agreement, to one count of possession of a firearm after
having been convicted of a crime punishable by more than one year
of imprisonment, in violation of 18 U.S.C. §§ 922(g), 924(e)
(2000). The district court determined that Williams qualified for
sentencing as an armed career criminal and sentenced him to the
statutory minimum of 180 months of imprisonment. Williams timely
appealed.
On appeal, counsel filed an Anders1 brief, in which he
states there are no meritorious issues for appeal, but questions
whether the district court complied with Fed. R. Crim. P. 11 in
accepting Williams’ guilty plea, and whether the sentence is
reasonable. Williams was advised of his right to file a pro se
supplemental brief, but has not filed a brief. The Government
declined to file a brief. We affirm.
Williams did not move in the district court to withdraw
his guilty plea; therefore, this court reviews his challenge to the
adequacy of the Rule 11 hearing for plain error. See United
States v. Martinez, 277 F.3d 517, 525 (4th Cir. 2002). Counsel
does not specify any deficiencies in the district court’s Rule 11
inquiry, and our review of the plea hearing transcript reveals that
1
Anders v. California, 386 U.S. 738 (1967).
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the court conducted a thorough Rule 11 colloquy that assured
Williams’ plea was made both knowingly and voluntarily.
We review a sentence imposed by the district court for
reasonableness under an abuse-of-discretion standard. Gall v.
United States, 128 S. Ct. 586, 597 (2007). A sentence within a
correctly calculated advisory Guidelines range is presumptively
reasonable. United States v. Moreland, 437 F.3d 424, 433 (4th Cir.
2006); see also Rita v. United States, 127 S. Ct. 2456, 2462-69
(2007) (upholding presumption of reasonableness for within-
guidelines sentence). In considering the district court’s
application of the Guidelines,2 we review factual findings for
clear error and legal conclusions de novo. United States v. Allen,
446 F.3d 522, 527 (4th Cir. 2006). Counsel does not assert that
the district court erred in determining the applicable Guidelines
range, and our review of the record reveals no error. In this
case, Williams was sentenced to the statutory mandatory minimum,
and we conclude that his sentence is reasonable.
In accordance with Anders, we have reviewed the record in
this case and have found no meritorious issues for appeal. We
therefore affirm Williams’ conviction and sentence. This court
requires that counsel inform Williams, in writing, of the right to
petition the Supreme Court of the United States for further review.
If Williams requests that a petition be filed, but counsel believes
2
U.S. Sentencing Guidelines Manual (2006).
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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 Williams.
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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