Filed: Nov. 26, 2012
Latest Update: Mar. 26, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-4461 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. NORDE DEVAL MCBRIDE, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. Terry L. Wooten, District Judge. (4:11-cr-00078-TLW-6) Submitted: November 20, 2012 Decided: November 26, 2012 Before TRAXLER, Chief Judge, and SHEDD and FLOYD, Circuit Judges. Affirmed by unpublished per curiam opinion. Bradley M. K
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-4461 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. NORDE DEVAL MCBRIDE, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. Terry L. Wooten, District Judge. (4:11-cr-00078-TLW-6) Submitted: November 20, 2012 Decided: November 26, 2012 Before TRAXLER, Chief Judge, and SHEDD and FLOYD, Circuit Judges. Affirmed by unpublished per curiam opinion. Bradley M. Ki..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-4461
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
NORDE DEVAL MCBRIDE,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Terry L. Wooten, District Judge.
(4:11-cr-00078-TLW-6)
Submitted: November 20, 2012 Decided: November 26, 2012
Before TRAXLER, Chief Judge, and SHEDD and FLOYD, Circuit
Judges.
Affirmed by unpublished per curiam opinion.
Bradley M. Kirkland, BRADLEY M. KIRKLAND, LLC, Columbia, South
Carolina, for Appellant. Alfred William Walker Bethea, Jr.,
Assistant United States Attorney, Florence, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Norde Deval McBride pled guilty pursuant to a written
plea agreement. On appeal, counsel files a brief pursuant to
Anders v. California,
386 U.S. 738 (1967), asserting there are
no meritorious grounds for appeal, but raising the following
issues: (1) whether the district court’s acceptance of McBride’s
guilty plea was in compliance with Fed. R. Crim. P. 11; and (2)
whether McBride was properly sentenced. McBride was notified of
his right to file a pro se supplemental brief but has not done
so. For the reasons that follow, we affirm.
First, because McBride did not challenge the validity
of his guilty plea in the district court, we review only for
plain error. United States v. Martinez,
277 F.3d 517, 524–27
(4th Cir. 2002). Our review of the record reveals that the
district court complied with the dictates of Rule 11 and
committed no error warranting correction on plain error review.
Second, we have reviewed McBride’s sentence and
conclude that it was reasonable. Gall v. United States,
552
U.S. 38, 51 (2007); United States v. Llamas,
599 F.3d 381, 387
(4th Cir. 2010). Moreover, as noted by Anders counsel, McBride
received the sentence stipulated in his plea agreement with the
Government under Fed. R. Crim. P. 11(c)(1)(C). See 18 U.S.C.
§ 3742(c)(1) (2006); United States v. Cieslowski,
410 F.3d 353,
364 (7th Cir. 2005) (noting that a sentence imposed pursuant to
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a Rule 11(c)(1) plea agreement arises from the plea agreement
itself although the sentencing court should consult the
Sentencing Guidelines to determine whether to accept the plea);
United States v. Sanchez,
146 F.3d 796, 797 (10th Cir. 1998)
(finding under 18 U.S.C. § 3742(c) that a defendant’s appeal of
a sentence to which he stipulated in a Rule 11 plea agreement is
limited to circumstances where the sentence was imposed in
violation of law or was imposed as a result of an incorrect
application of the Guidelines).
In accordance with Anders, we have reviewed the record
in this case and have found no meritorious issues for appeal.
We therefore affirm McBride’s conviction and sentence. This
court requires that counsel inform McBride, in writing, of the
right to petition the Supreme Court of the United States for
further review. If McBride 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 McBride. 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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