Filed: Feb. 09, 2004
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-4693 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus EZQUIEL SIERRA-HERNANDEZ, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. N. Carlton Tilley, Jr., Chief District Judge. (CR-03-102) Submitted: January 29, 2004 Decided: February 9, 2004 Before WILKINSON, MICHAEL, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Louis C. A
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-4693 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus EZQUIEL SIERRA-HERNANDEZ, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. N. Carlton Tilley, Jr., Chief District Judge. (CR-03-102) Submitted: January 29, 2004 Decided: February 9, 2004 Before WILKINSON, MICHAEL, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Louis C. Al..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-4693
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
EZQUIEL SIERRA-HERNANDEZ,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. N. Carlton Tilley, Jr.,
Chief District Judge. (CR-03-102)
Submitted: January 29, 2004 Decided: February 9, 2004
Before WILKINSON, MICHAEL, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Louis C. Allen III, Federal Public Defender, Eric D. Placke,
Assistant Federal Public Defender, Greensboro, North Carolina, for
Appellant. Angela Hewlett Miller, OFFICE OF THE UNITED STATES
ATTORNEY, Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Ezquiel Sierra-Hernandez pleaded guilty to one count of
illegally reentering the United States after removal, in violation
of 8 U.S.C. §§ 1326(a) and (b)(2) (2000). The district court found
Sierra-Hernandez had a criminal history category of IV and an
offense level of thirteen, subjecting him to a guidelines range of
twenty-four to thirty months of imprisonment. See U.S. Sentencing
Guidelines Manual § 5A. The court sentenced Sierra-Hernandez to
twenty-eight months of imprisonment, to be followed by a three-year
term of supervised release.
Sierra-Hernandez’s counsel filed a brief pursuant to
Anders v. California,
386 U.S. 738 (1967), stating that there were
no meritorious grounds for appeal, but suggesting one potential
issue: the district court plainly erred in sentencing Sierra-
Hernandez to twenty-eight months of imprisonment. Sierra-Hernandez
was advised of his right to file a pro se supplemental brief, but
he has declined to do so.
We have reviewed the record and conclude that the
district court properly sentenced Sierra-Hernandez. The guidelines
range was correctly calculated and Sierra-Hernandez was sentenced
within that range.
In accordance with the requirements of Anders, we have
reviewed the entire record in this case and have found no
meritorious issues for appeal. Accordingly, we affirm Sierra-
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Hernandez’s conviction and sentence. This court requires that
counsel inform his client, in writing, of his right to petition the
Supreme Court of the United States for further review. If the
client 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 the client.
We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials before
the court and argument would not aid the decisional process.
AFFIRMED
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