Filed: Sep. 13, 2005
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-4001 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus BLANCA ALVARENGA, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Lacy H. Thornburg, District Judge. (CR-00-5) Submitted: August 15, 2005 Decided: September 13, 2005 Before WILLIAMS, TRAXLER, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Terry F. Rose, Smithfield,
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-4001 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus BLANCA ALVARENGA, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Lacy H. Thornburg, District Judge. (CR-00-5) Submitted: August 15, 2005 Decided: September 13, 2005 Before WILLIAMS, TRAXLER, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Terry F. Rose, Smithfield, N..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-4001
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
BLANCA ALVARENGA,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Lacy H. Thornburg,
District Judge. (CR-00-5)
Submitted: August 15, 2005 Decided: September 13, 2005
Before WILLIAMS, TRAXLER, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Terry F. Rose, Smithfield, North Carolina, for Appellant. Gretchen
C. F. Shappert, Interim United States Attorney, Charlotte, North
Carolina; Richard Lee Edwards, Assistant United States Attorney,
Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Blanca Alvarenga appeals her seventy-eight-month sentence
imposed after she pled guilty to conspiracy to distribute and
possess with intent to distribute a quantity of methamphetamine, in
violation of 21 U.S.C. § 846 (2000). Alvarenga’s counsel has filed
a brief pursuant to Anders v. California,
386 U.S. 738 (1967),
challenging Alvarenga’s sentence but stating that, in his view,
there are no meritorious issues for appeal. Alvarenga was informed
of her right to file a pro se supplemental brief but has not done
so. We affirm.
Alvarenga’s counsel raises as a potential issue whether,
in light of United States v. Booker,
125 S. Ct. 738 (2005), an
information alleging a specific quantity of drugs may support a
base offense level based upon that amount where the indictment did
not charge a specific quantity of methamphetamine and the plea
agreement did not refer to the information. In sentencing
Alvarenga, the district court relied on the amount of drugs to
which she stipulated and not on the higher amount set forth in the
information. Moreover, our review of the record leads us to
conclude that no Sixth Amendment violation occurred in this case
because Alvarenga’s seventy-eight-month sentence is less than the
applicable sentencing guideline range calculated in accordance with
Booker and United States v. Evans,
416 F.3d 298, 300-01 & n.4 (4th
Cir. 2005).
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In accordance with Anders, we have reviewed the entire
record for any meritorious issues and have found none.
Accordingly, we affirm Alvarenga’s conviction and sentence. This
court requires that counsel inform his client, in writing, of her
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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