Filed: Mar. 02, 2016
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-4391 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. ANTHONY DAVE GREEN, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Aiken. Margaret B. Seymour, Senior District Judge. (1:10-cr-00968-MBS-7) Submitted: January 26, 2016 Decided: March 2, 2016 Before DUNCAN, WYNN, and HARRIS, Circuit Judges. Affirmed by unpublished per curiam opinion. Victor K. Li, LI LAW FIRM,
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-4391 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. ANTHONY DAVE GREEN, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Aiken. Margaret B. Seymour, Senior District Judge. (1:10-cr-00968-MBS-7) Submitted: January 26, 2016 Decided: March 2, 2016 Before DUNCAN, WYNN, and HARRIS, Circuit Judges. Affirmed by unpublished per curiam opinion. Victor K. Li, LI LAW FIRM, L..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-4391
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
ANTHONY DAVE GREEN,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Aiken. Margaret B. Seymour, Senior District
Judge. (1:10-cr-00968-MBS-7)
Submitted: January 26, 2016 Decided: March 2, 2016
Before DUNCAN, WYNN, and HARRIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Victor K. Li, LI LAW FIRM, LLC, Columbia, South Carolina, for
Appellant. Stanley D. Ragsdale, Julius Ness Richardson, Assistant
United States Attorneys, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Anthony Dave Green appeals from his conviction and 120-month
sentence entered pursuant to his guilty plea to conspiracy to
possess with intent to distribute crack cocaine. On appeal, his
attorney has filed a brief pursuant to Anders v. California,
386
U.S. 738 (1967), questioning whether the district court complied
with Fed. R. Crim. P. 11 and whether the sentence was reasonable.
Although informed of his right to file a pro se supplemental brief,
Green has not done so. We affirm.
Counsel does not direct the court to any specific error during
Green’s Rule 11 hearing. Our review of the record reveals that
the court substantially complied with Rule 11 and that any minor
omissions, to which Green did not object, did not affect his
substantial rights. See United States v. Massenburg,
564 F.3d
337, 342-43 (4th Cir. 2009) (explaining that, in guilty plea
context, defendant meets his burden to establish that plain error
affected his substantial rights by showing reasonable probability
that he would not have pled guilty but for Rule 11 omission).
Similarly, counsel identifies no potential error in Green’s
sentence. According to the presentence investigation report
(“PSR”), Green’s total offense level was 31; he was in criminal
history category II; and his Sentencing Guidelines range was 121-
151 months. Green also was statutorily subject to a mandatory
minimum sentence of 120 months. There were no objections to the
2
PSR, which the court adopted. Green’s counsel argued for a
variance based upon the powder-to-crack sentencing ratio,
contending that the proper ratio was 1:1. After hearing argument
from counsel and Green’s allocution, the court granted the variance
and sentenced Green to 120 months in prison.
We find that the sentence is procedurally and substantively
reasonable. See Gall v. United States,
552 U.S. 38, 51 (2007).
The court properly calculated Green’s Guidelines range and
considered the 18 U.S.C. § 3553(a) (2012) factors. While the
individualized assessment was extremely brief in this case, the
court had granted a variance below the Guidelines range of 121-
151 months and, therefore, had limited sentencing options.
Accordingly, we find no procedural error. Further, given the
totality of the circumstances and the fact that Green received the
sentence he requested, which was also the statutory minimum, the
sentence is substantively reasonable.
In accordance with Anders, we have reviewed the record in
this case and have identified no meritorious issues for appeal.
Accordingly, we affirm Green’s conviction and sentence. This court
requires that counsel inform Green, in writing, of the right to
petition the Supreme Court of the United States for further review.
If Green 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
3
motion must state that a copy thereof was served on Green. 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
4