Filed: Feb. 20, 2020
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-4405 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DEVONTE OLENDUS WHEELER, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, Chief District Judge. (4:15-cr-00337-RBH-1) Submitted: February 18, 2020 Decided: February 20, 2020 Before MOTZ, HARRIS, and QUATTLEBAUM, Circuit Judges. Affirmed by unpublished per curiam opinion. W. James Hoff
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-4405 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DEVONTE OLENDUS WHEELER, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, Chief District Judge. (4:15-cr-00337-RBH-1) Submitted: February 18, 2020 Decided: February 20, 2020 Before MOTZ, HARRIS, and QUATTLEBAUM, Circuit Judges. Affirmed by unpublished per curiam opinion. W. James Hoffm..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-4405
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DEVONTE OLENDUS WHEELER,
Defendant - Appellant.
Appeal from the United States District Court for the District of South Carolina, at Florence.
R. Bryan Harwell, Chief District Judge. (4:15-cr-00337-RBH-1)
Submitted: February 18, 2020 Decided: February 20, 2020
Before MOTZ, HARRIS, and QUATTLEBAUM, Circuit Judges.
Affirmed by unpublished per curiam opinion.
W. James Hoffmeyer, LAW OFFICE OF W. JAMES HOFFMEYER, Florence, South
Carolina, for Appellant. Everett E. McMillian, Assistant United States Attorney, OFFICE
OF THE UNITED STATES ATTORNEY, Florence, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Devonte Olendus Wheeler pleaded guilty to Hobbs Act robbery, in violation of 18
U.S.C. §§ 2, 1951(a) (2018), and was sentenced to 144 months in prison—a term both
within the advisory Sentencing Guidelines range and to which Wheeler and the
Government agreed would be appropriate pursuant to Fed. R. Crim. P. 11(c)(1)(C).
Wheeler appeals. His counsel has filed a brief pursuant to Anders v. California,
386
U.S. 738 (1967), asserting that there are no meritorious issues for appeal, but questioning
whether Wheeler’s plea was plea was knowing, intelligent and voluntary, noting that
Wheeler has a ninth-grade education, was on medication for a disorder he had, and had not
had a competency evaluation. Because Wheeler did not move to withdraw his guilty plea
or otherwise object at the plea hearing, we review the plea colloquy for plain error. See
United States v. Williams,
811 F.3d 621, 622 (4th Cir. 2016).
A defendant on medication is not competent to plead guilty if he is incapable of
fully understanding the charges against him, his constitutional rights, and the consequences
of his plea. See United States v. Nicholson,
676 F.3d 376, 382 (4th Cir. 2012). In this case,
however, Wheeler stated under careful questioning from the district court that he was not
impaired by his medication, which he had been taking for years to treat his condition.
Because Wheeler repeatedly confirmed to the court that he understood what was
happening, the district court did not err in finding him competent to plead. See
Nicholson,
676 F.3d at 383. The record makes clear, furthermore, that Wheeler entered his plea both
voluntarily and intelligently, and we therefore affirm the validity of his guilty plea. See
United States v. Moussaoui,
591 F.3d 263, 278 (4th Cir. 2010).
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In accordance with Anders, we have reviewed the entire record in this case and have
found no meritorious issues for appeal. We therefore affirm Wheeler’s conviction and
sentence. This court requires that counsel inform Wheeler, in writing, of the right to
petition the Supreme Court of the United States for further review. If Wheeler 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 Wheeler.
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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