Filed: Nov. 01, 2005
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-4132 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus CALVIN HUFFSTETLER, a/k/a Calvin Morgan, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Spartanburg. Henry M. Herlong, Jr., District Judge. (CR-04-521) Submitted: September 30, 2005 Decided: November 1, 2005 Before NIEMEYER and LUTTIG, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpubli
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-4132 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus CALVIN HUFFSTETLER, a/k/a Calvin Morgan, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Spartanburg. Henry M. Herlong, Jr., District Judge. (CR-04-521) Submitted: September 30, 2005 Decided: November 1, 2005 Before NIEMEYER and LUTTIG, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublis..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-4132
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CALVIN HUFFSTETLER, a/k/a Calvin Morgan,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Spartanburg. Henry M. Herlong, Jr., District
Judge. (CR-04-521)
Submitted: September 30, 2005 Decided: November 1, 2005
Before NIEMEYER and LUTTIG, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Benjamin T. Stepp, Assistant Federal Public Defender, Greenville,
South Carolina, for Appellant. Jonathan Scott Gasser, Acting
United States Attorney, Columbia, South Carolina; Alan Lance Crick,
Assistant United States Attorney, Greenville, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Calvin Huffstetler pled guilty to possession of a firearm
and ammunition by a convicted felon in violation of 18 U.S.C.
§§ 922(g)(1), 924(a)(2), 924(e) (2000), and was sentenced to one-
hundred-eighty months in prison, followed by a five-year period of
supervised release. On appeal Huffstetler’s counsel filed a brief
in accordance with Anders v. California,
386 U.S. 738 (1967),
asserting that there are no meritorious issues for appeal, but
questioning whether the district court erred in determining
Huffstetler was an Armed Career Criminal and sentencing him to the
mandatory minimum sentence of 180 months of imprisonment.
Huffstetler was advised of his right to file a pro se supplemental
brief, but did not file a brief. The Government waived the filing
of a brief. In accordance with Anders, we have considered the
Appellant’s brief and examined the entire record for meritorious
issues. Finding no error, we affirm.
Huffstetler’s counsel challenges the district court’s
reliance on his prior conviction for attempted second degree
burglary of a storage shed in South Carolina in 1992 to classify
him as an Armed Career Criminal under 18 U.S.C. § 924(e).
Because Huffstetler pled guilty to the indictment,
including the special finding that he committed the offense
“subsequent to sustaining at least three convictions for a crime of
violence, which were committed on occasions different from one
- 2 -
another, in violation of Title 18, United States Code, Section
924(e),” and he does not challenge his conviction or the
voluntariness of his plea, we find Huffstetler’s challenge to the
district court sentencing him as an Armed Career Criminal
meritless.
Finding no meritorious issues upon our review of the
record, we affirm Huffstetler’s conviction and sentence. This
court requires that counsel inform his client, in writing, of his
right to petition the Supreme Court of the United States for
further review. If the client 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 the client. 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
- 3 -