United States v. Teresa Marible

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-4393

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

TERESA MARIBLE,

Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Frank D. Whitney,
Chief District Judge. (3:11-cr-00205-FDW-1)

Submitted: September 24, 2013 Decided: September 26, 2013

Before NIEMEYER and THACKER, Circuit Judges, and HAMILTON,
Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Tony E. Rollman, Enka, North Carolina, for Appellant. Amy
Elizabeth Ray, Assistant United States Attorney, Asheville,
North Carolina; Kellie Hamby Ferry, Assistant United States
Attorney, Benjamin Bain-Creed, OFFICE OF THE UNITED STATES
ATTORNEY, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

Teresa Marible appeals her conviction and thirty-six-

month sentence following her guilty plea to conspiracy to commit

health care fraud, in violation of 18 U.S.C. § 1349 (2006). In

accordance with Anders v. California, 386 U.S. 738 (1967),

Marible’s counsel has filed a brief certifying that there are no

meritorious issues for appeal but questioning whether Marible’s

trial counsel rendered ineffective assistance during Marible’s

plea and sentencing proceedings by failing to investigate her

case, failing to challenge the forfeiture of a vehicle, and

misadvising her about the possibility of release on bond before

sentencing. Marible has declined to file a supplemental brief. We

affirm.

In the absence of conclusive evidence of ineffective

assistance of counsel on the face of the record, Marible’s

claims are not cognizable on direct appeal. United States v.

Powell, 680 F.3d 350, 359 (4th Cir.), cert. denied, 133 S. Ct.

376 (2012). Rather, “[c]laims of ineffective assistance of

counsel are normally raised before the district court via 28

U.S.C. § 2255[.]” Id. (internal quotation marks omitted);

United States v. Baptiste, 596 F.3d 214, 216 n.1 (4th Cir.

2010). Because the record does not conclusively establish that

counsel rendered ineffective assistance during the proceedings

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in the district court, we decline to address Marible’s

ineffective assistance claims on direct appeal.

In accordance with Anders, we have reviewed the entire

record and have found no meritorious issues for appeal. We

therefore affirm the district court’s judgment. This court

requires that counsel inform Marible, in writing, of her right to

petition the Supreme Court of the United States for further review.

If Marible requests that a petition be filed, but counsel believes

that such a petition would be frivolous, counsel may move in this

court for leave to withdraw from representation. Counsel’s motion

must state that a copy thereof was served on Marible. We dispense

with oral argument because the facts and legal contentions are

adequately presented in the materials before this court and

argument would not aid in the decisional process.

AFFIRMED