Filed: Jul. 28, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4907 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. JAVAR MINOTT, a/k/a Jay Mentos, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert J. Conrad, Jr., District Judge. (3:12-cr-00224-RJC-DSC-1) Submitted: July 24, 2014 Decided: July 28, 2014 Before FLOYD and THACKER, Circuit Judges, and DAVIS, Senior Circuit Judge. Affirmed by unpublished p
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4907 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. JAVAR MINOTT, a/k/a Jay Mentos, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert J. Conrad, Jr., District Judge. (3:12-cr-00224-RJC-DSC-1) Submitted: July 24, 2014 Decided: July 28, 2014 Before FLOYD and THACKER, Circuit Judges, and DAVIS, Senior Circuit Judge. Affirmed by unpublished pe..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-4907
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
JAVAR MINOTT, a/k/a Jay Mentos,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Robert J. Conrad,
Jr., District Judge. (3:12-cr-00224-RJC-DSC-1)
Submitted: July 24, 2014 Decided: July 28, 2014
Before FLOYD and THACKER, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Tony E. Rollman, Enka, North Carolina, for Appellant. William A.
Brafford, Steven R. Kaufman, Assistant United States Attorneys,
Charlotte, North Carolina; Amy Elizabeth Ray, Assistant United
States Attorney, Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Javar Minott pled guilty, pursuant to a written plea
agreement, to conspiracy to distribute more than 1000 kilograms
of marijuana, in violation of 21 U.S.C. §§ 846, 841(b)(1)(A)
(2012), conspiracy to commit money laundering, in violation of
18 U.S.C. § 1956(h)(2012), and possession of a firearm during a
drug trafficking crime, in violation of 18 U.S.C. § 924(c)
(2012). The district court sentenced Minott to one hundred and
eighty months of imprisonment. On appeal, Minott’s counsel has
submitted a brief pursuant to Anders v. California,
386 U.S. 738
(1967), certifying that there are no meritorious grounds for
appeal, but raising whether Minott received ineffective
assistance of counsel because counsel allegedly did not
adequately explain the plea agreement or accurately predict
Minott’s final sentence. Minott did not file a pro se
supplemental brief and the Government declined to file a reply
brief. We affirm.
Claims of ineffective assistance of counsel “are
generally not cognizable on direct appeal.” United States v.
Benton,
523 F.3d 424, 435 (4th Cir. 2008); see United States v.
King,
119 F.3d 290, 295 (4th Cir. 1997). Instead, to allow for
adequate development of the record, a defendant must ordinarily
bring his claims in a 28 U.S.C. § 2255 (2012) motion.
King, 119
F.3d at 295. However, we may entertain such claims on direct
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appeal if “it conclusively appears from the record that defense
counsel did not provide effective representation.” United
States v. Richardson,
195 F.3d 192, 198 (4th Cir. 1999). See
generally Strickland v. Washington,
466 U.S. 668, 687 (1984)
(setting forth standard). Because neither of Minott’s alleged
ineffective assistance of counsel claims conclusively appears on
the record, we decline to address them in this appeal.
In accordance with Anders, we have reviewed the record
in this case and have found no meritorious grounds for appeal.
We therefore affirm the district court’s judgment. This court
requires that counsel inform Minott, in writing, of the right to
petition the Supreme Court of the United States for further
review. If Minott 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 Minott. 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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