Filed: Jun. 02, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-4477 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHARLES TARRON CARTER, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Columbia. Cameron McGowan Currie, Senior District Judge. (3:12-cr-00559-CMC-1) Submitted: May 21, 2015 Decided: June 2, 2015 Before KEENAN and DIAZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opini
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-4477 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHARLES TARRON CARTER, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Columbia. Cameron McGowan Currie, Senior District Judge. (3:12-cr-00559-CMC-1) Submitted: May 21, 2015 Decided: June 2, 2015 Before KEENAN and DIAZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinio..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-4477
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CHARLES TARRON CARTER,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Cameron McGowan Currie, Senior
District Judge. (3:12-cr-00559-CMC-1)
Submitted: May 21, 2015 Decided: June 2, 2015
Before KEENAN and DIAZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Steven M. Hisker, HISKER LAW FIRM, PC, Duncan, South Carolina,
for Appellant. William N. Nettles, United States Attorney,
Stacey D. Haynes, Assistant United States Attorney, Columbia,
South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Charles Tarron Carter pled guilty to being a felon in
possession of a firearm and was sentenced to 188 months of
imprisonment. Carter argues on appeal that trial counsel was
ineffective because he failed to object to the district court’s
use of Carter’s South Carolina burglary convictions as predicate
offenses for his status as an armed career criminal, under 18
U.S.C. § 924(e)(1) (2012). For the reasons that follow, we
affirm.
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 this claim
should be raised, if at all, in a § 2255 motion.
Because he validly waived the right to appeal issues other
than ineffective assistance in his plea agreement, we do not
address Carter’s claim that he was erroneously sentenced as an
armed career criminal. Accordingly, we affirm Carter’s
sentence. We dispense with oral argument because the facts and
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legal contentions are adequately presented in the materials
before this Court and argument would not aid the decisional
process.
AFFIRMED
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