UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-4057
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CHAVIUS MARQUETTE BARBER, a/k/a The Rock, a/k/a Cha-Roc,
a/k/a KD,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Frank D. Whitney,
District Judge. (3:07-cr-00061-FDW-4)
Submitted: June 25, 2010 Decided: July 6, 2010
Before NIEMEYER, KING, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Harold M. Vaught, Charlotte, North Carolina, for Appellant. Amy
Elizabeth Ray, Assistant United States Attorney, Asheville,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Chavius Marquette Barber appeals his sentence of 240
months’ imprisonment imposed following his guilty plea to
conspiracy to distribute and to possess with intent to
distribute cocaine base, cocaine, marijuana, and “Ecstasy”, in
violation of 21 U.S.C. § 841(a)(1), (b)(1)(A), (B), (C), (D)
(2006) and 21 U.S.C.A. § 846 (West 2006 & Supp. 2010). Barber’s
counsel has filed a brief pursuant to Anders v. California, 386
U.S. 738 (1967), stating that there are no meritorious issues
for appeal, but raising two issues: (1) whether Barber’s
sentence was reasonable, and (2) whether the court adequately
inquired into Barber’s withdrawal of his request for new
counsel. Barber was advised of his right to file a pro se
supplemental brief, but has not done so. Finding no reversible
error, we affirm.
First, we find no error in the district court’s
acceptance of the withdrawal of Barber’s motion to substitute
counsel. Counsel’s reference to United States v. Carreto, 583
F.3d 152, 159 (2d Cir. 2008), does not persuade us to reach a
different conclusion. See generally United States v. Gallop,
838 F.2d 105, 108 (4th Cir. 1988)
Second, we conclude that the sentence imposed was
reasonable. The district court sentenced Barber to the
mandatory minimum of 240 months’ imprisonment as set forth in 21
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U.S.C. § 841(b)(1)(A) (2006). This statutorily mandated minimum
sentence is per se reasonable. United States v. Farrior, 535
F.3d 210, 224 (4th Cir.), cert. denied, 129 S. Ct. 743 (2008).
We also find no error in the imposition of the twenty-year
supervised release term. United States v. Dotson, 324 F.3d 256,
260 (4th Cir. 2003); United States v. Pratt, 239 F.3d 640, 647-
48 & n.3 (4th Cir. 2001)
In accordance with Anders, we have reviewed the record
in this case and have found no meritorious issues for appeal.
We therefore affirm Barber’s conviction and sentence. This
court requires counsel inform Barber, in writing, of the right
to petition the Supreme Court of the United States for further
review. If he 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 Barber. 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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