UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-4887
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOHN MCLAURIN,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. James K. Bredar, District Judge. (1:12-
cr-00348-JKB-4)
Submitted: June 25, 2015 Decided: June 29, 2015
Before GREGORY, FLOYD, and THACKER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Ron Earnest, Riverdale, Maryland, for Appellant. Clinton Jacob
Fuchs, John Francis Purcell, Jr., Assistant United States
Attorneys, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
John McLaurin pleaded guilty, pursuant to a written plea
agreement, to conspiracy to possess with intent to distribute five
kilograms or more of cocaine, in violation of 21 U.S.C.
§§ 841(a)(1), (b)(1)(A), 846 (2012). The district court sentenced
him to 120 months’ imprisonment, the statutory mandatory minimum.
On appeal, McLaurin’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 questioning the substantive
reasonableness of the sentence. McLaurin has filed a pro se brief,
asserting that the district court lacked jurisdiction, that his
arrest was unlawful, and that his counsel was ineffective. ∗
In accordance with Anders, we have reviewed the record in
this case, and have found no meritorious issues. Before accepting
McLaurin’s guilty plea, the district court conducted a thorough
plea colloquy, substantially satisfying the requirements of Fed.
∗ We have considered the first two issues and find them
meritless. As to McLaurin’s claim that counsel was ineffective,
unless an attorney’s ineffectiveness conclusively appears on the
face of the record, ineffective assistance claims are not generally
addressed on direct appeal. United States v. Benton, 523 F.3d
424, 435 (4th Cir. 2008). Instead, such claims should be raised
in a motion brought pursuant to 28 U.S.C. § 2255 (2012), in order
to permit sufficient development of the record. United States v.
Baptiste, 596 F.3d 214, 216 n.1 (4th Cir. 2010). Because the
record does not conclusively establish ineffective assistance of
counsel, we conclude that these claims should be raised, if at
all, in a § 2255 motion.
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R. Crim. P. 11 and ensuring that McLaurin’s plea was knowing,
voluntary, and supported by an independent factual basis. See
United States v. DeFusco, 949 F.2d 114, 116 (4th Cir. 1991). The
district court made no significant procedural error at sentencing,
see Gall v. United States, 552 U.S. 38, 51 (2007), and McLaurin
does not rebut our appellate presumption that his within-
Guidelines sentence is substantively reasonable. See United
States v. Louthian, 756 F.3d 295, 306 (4th Cir.), cert. denied,
135 S. Ct. 421 (2014).
Accordingly, we affirm the district court’s judgment. This
court requires that counsel inform McLaurin, in writing, of the
right to petition the Supreme Court of the United States for
further review. If McLaurin 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 McLaurin.
We dispense with oral argument because the facts and legal
contentions are adequately presented in the material before this
court and argument will not aid the decisional process.
AFFIRMED
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