CORRECTED OPINION
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-4384
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ALVIN JEROME WISE,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Cameron McGowan Currie, District
Judge. (3:11-cr-00791-CMC-1)
Submitted: January 17, 2013 Decided: January 22, 2013
Corrected Opinion Filed: January 31, 2013
Before GREGORY, SHEDD, and KEENAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
John M. Ervin, LAW OFFICE OF JOHN M. ERVIN, III, Darlington,
South Carolina, for Appellant. Julius Ness Richardson,
Assistant United States Attorney, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Alvin Jerome Wise pled guilty without a plea agreement
to felon in possession of firearms and ammunition, 18 U.S.C.
§§ 922(g)(1), 924(a)(2), 924(e) (2006), possession of an
unregistered sawed-off rifle, 26 U.S.C. §§ 5861, 5845(a)(4),
5871 (2006), possession with intent to distribute cocaine base,
methamphetamine, and marijuana, 21 U.S.C. § 841(a)(1), (b)(1)(D)
(2006), and use and carry of a firearm in furtherance of a drug
trafficking crime, 18 U.S.C. § 924(c)(1) (2006). He received a
240-month sentence. On appeal, counsel has filed a brief
pursuant to Anders v. California, 386 U.S. 738 (1967), asserting
there are no meritorious grounds for appeal, but raising the
following issues: (1) whether the district court complied with
Fed. R. Crim. P. 11 when it accepted Wise’s guilty plea; and (2)
whether the sentence imposed by the district court is
reasonable. Although informed of his right to do so, Wise has
not filed a supplemental brief. The Government declined to file
a response. We affirm.
Because Wise did not move to withdraw his plea, we
review his Rule 11 hearing for plain error. United States v.
Martinez, 277 F.3d 517, 525 (4th Cir. 2002). Here, we find no
error, as the district court fully complied with Rule 11 when
accepting Wise’s plea. Given no indication to the contrary, we
therefore find that Wise’s plea was knowing and voluntary, and,
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consequently, final and binding. See United States v. Lambey,
974 F.2d 1389, 1394 (4th Cir. 1992) (en banc).
Next we review Wise’s sentence for reasonableness
using an abuse of discretion standard. Gall v. United States,
552 U.S. 38, 51 (2007). The first step in this review requires
us to ensure that the district court committed no significant
procedural error. United States v. Evans, 526 F.3d 155, 161
(4th Cir. 2008). Procedural errors include improperly
calculating the advisory Sentencing Guidelines range, failing to
consider the 18 U.S.C. § 3553(a) (2006) sentencing factors,
sentencing using clearly erroneous facts, or failing to
adequately explain the sentence. Gall, 552 U.S. at 51. Only if
we find a sentence procedurally reasonable may we consider its
substantive reasonableness. United States v. Carter, 564 F.3d
325, 328 (4th Cir. 2009). In this case, the district court
granted Wise’s motion for a variance and sentenced him below the
Guidelines range to the statutory mandatory minimum sentence of
240 months’ imprisonment. We discern no basis to conclude that
Wise’s below-Guidelines sentence was either procedurally or
substantively unreasonable.
In accordance with Anders, we have reviewed the record
in this case and have found no meritorious issues for appeal.
We therefore affirm Wise’s convictions and sentence. This court
requires that counsel inform Wise, in writing, of the right to
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petition the Supreme Court of the United States for further
review. If Wise 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 Wise. 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 the
decisional process.
AFFIRMED
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