Filed: Apr. 20, 2004
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-4868 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ANTOINE LAMONTE MOBLEY, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Winston-Salem. William L. Osteen, District Judge. (CR-95-30) Submitted: April 15, 2004 Decided: April 20, 2004 Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam op
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-4868 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ANTOINE LAMONTE MOBLEY, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Winston-Salem. William L. Osteen, District Judge. (CR-95-30) Submitted: April 15, 2004 Decided: April 20, 2004 Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opi..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-4868
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ANTOINE LAMONTE MOBLEY,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Winston-Salem. William L. Osteen,
District Judge. (CR-95-30)
Submitted: April 15, 2004 Decided: April 20, 2004
Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Thomas N. Cochran, 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Unpublished opinions are not binding precedent in this circuit.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:
Antoine Lamonte Mobley appeals the imposition of a
twenty-one month sentence of imprisonment after the revocation of
his supervised release. Counsel for Mobley has filed a brief
pursuant to Anders v. California,
386 U.S. 738 (1967), in which he
states there are no meritorious issues for appeal, but presenting
one issue for this Court’s review. Although notified of his right
to file a supplemental pro se brief, Mobley has not done so.
Mobley contends that the sentence imposed was too severe.
After Mobley’s admitted violations of the terms of his supervised
release, the district court determined that Mobley’s suggested
prison term was 21 to 24 months. USSG § 7B1.4(b)(2) (2003). The
court sentenced Mobley at the low end of this suggested range. He
has provided no support for his claim that this sentence is too
severe. Accordingly, we reject Mobley’s argument and affirm the
sentence.
In accordance with Anders, we have reviewed the entire
record in this case and have found no meritorious issues for
appeal. Because 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, we deny counsel’s motion to
withdraw at this time. 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
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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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