Filed: May 23, 2016
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-4723 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MARCUS JUSTIN BOWERS, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:14-cr-00038-RLV-DSC-1) Submitted: May 12, 2016 Decided: May 23, 2016 Before MOTZ, DUNCAN, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. James S. Weidner, Jr.
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-4723 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MARCUS JUSTIN BOWERS, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:14-cr-00038-RLV-DSC-1) Submitted: May 12, 2016 Decided: May 23, 2016 Before MOTZ, DUNCAN, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. James S. Weidner, Jr.,..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-4723
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARCUS JUSTIN BOWERS,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville. Richard L.
Voorhees, District Judge. (5:14-cr-00038-RLV-DSC-1)
Submitted: May 12, 2016 Decided: May 23, 2016
Before MOTZ, DUNCAN, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
James S. Weidner, Jr., LAW OFFICE OF JAMES STEPHENS WEIDNER,
JR., Charlotte, North Carolina, for Appellant. Amy Elizabeth
Ray, Assistant United States Attorney, Asheville, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Marcus Justin Bowers pled guilty in accordance with a
written plea agreement to conspiracy to distribute and to
possess with intent to distribute cocaine base, 21 U.S.C.
§§ 841(a)(1), 846 (2012). The parties stipulated that Bowers
was responsible for at least 280 grams but less than 840 grams
of the drug. Bowers’ Guidelines sentencing range was 140-175
months. The district court granted the Government’s motion for
downward departure based on Bowers’ substantial assistance * and
sentenced Bowers to 120 months in prison. Bowers now appeals.
His attorney has filed a brief in accordance with Anders v.
California,
386 U.S. 738 (1967), questioning the reasonableness
of the sentence, but concluding that there are no meritorious
issues for appeal. Bowers was advised of the right to file a
pro se brief but has not filed such a brief. We affirm.
After careful consideration of the record, we conclude that
the district court properly calculated the Guidelines range,
considered the 18 U.S.C. § 3553(a) (2012) factors and the
arguments of the parties, and provided a sufficiently
individualized assessment based on the facts of the case.
Bowers’ claim that his sentence is greater than statutorily
authorized lacks merit: he received the statutory minimum
* U.S. Sentencing Guidelines Manual § 5K1.1 (2014).
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sentence of 120 months. See 21 U.S.C. § 841(b)(1)(A). Further,
there is no merit to Bowers’ contention that that his criminal
history score was incorrectly calculated. We therefore conclude
that the 120-month sentence is procedurally reasonable.
Additionally, given the totality of the circumstances, the
sentence is substantively reasonable. See Gall v. United
States,
552 U.S. 38, 51 (2007); United States v. Carter,
564
F.3d 325, 330 (4th Cir. 2009).
Pursuant to Anders, we have reviewed the entire record and
have found no meritorious issues for appeal. Accordingly, we
affirm the district court’s judgment. This court requires that
counsel inform Bowers, in writing, of the right to petition the
Supreme Court of the United States for further review. If
Bowers 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
Bowers. 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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