Filed: Feb. 28, 2006
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-4308 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus QUENTIN BERNARD MYERS, a/k/a Q, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. C. Weston Houck, Senior District Judge. (CR-02-335) Submitted: February 23, 2006 Decided: February 28, 2006 Before WIDENER, NIEMEYER, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. James A. Brown
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-4308 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus QUENTIN BERNARD MYERS, a/k/a Q, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. C. Weston Houck, Senior District Judge. (CR-02-335) Submitted: February 23, 2006 Decided: February 28, 2006 Before WIDENER, NIEMEYER, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. James A. Brown,..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-4308
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
QUENTIN BERNARD MYERS, a/k/a Q,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. C. Weston Houck, Senior District
Judge. (CR-02-335)
Submitted: February 23, 2006 Decided: February 28, 2006
Before WIDENER, NIEMEYER, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
James A. Brown, Jr., LAW OFFICES OF JIM BROWN, P.A., Beaufort,
South Carolina, for Appellant. Jonathan Scott Gasser, Acting
United States Attorney, Columbia, South Carolina, Rose Mary Parham,
Assistant United States Attorney, Florence, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Quentin B. Myers appeals from his 148-month sentence
imposed following his guilty plea to conspiracy to distribute and
to possess with intent to distribute fifty grams or more of cocaine
base (crack) and five kilograms or more of cocaine in violation of
21 U.S.C. § 846 (2000). Myers’ counsel filed a brief pursuant to
Anders v. California,
386 U.S. 738, 744 (1967), stating that there
were no meritorious issues for appeal, but challenging the
enhancement of Myers’ sentencing range based on a prior drug
conviction. Myers was informed of his right to file a pro se
brief, but has not done so. Because our review of the record
discloses no reversible error, we affirm Myers’ conviction and
sentence.
We find that Myers’ guilty plea was knowingly and
voluntarily entered after a thorough hearing pursuant to Rule 11.
Myers was properly advised as to his rights, the offense charged,
and the maximum sentence for the offense. The court also
determined that there was an independent factual basis for the
plea, and that the plea was not coerced or influenced by any
promises. See North Carolina v. Alford,
400 U.S. 25, 31 (1970);
United States v. DeFusco,
949 F.2d 114, 119-20 (4th Cir. 1991).
We find that the district court properly computed Myers’
offense level and criminal history category and correctly
determined the advisory guideline range. Counsel challenges the
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validity of an enhancement to that range based on Myers’ prior
drug-related conviction. That enhancement resulted in a mandatory
minimum sentence of 240 months. However, the district court
granted the Government’s motion for a downward departure based on
Myers’ substantial assistance and sentenced Myers to 148 months.
Because the sentence imposed was significantly less than the
mandatory minimum created by the enhancement, Myers’ has shown no
prejudice resulting from the alleged error. See United States v.
Olano,
507 U.S. 725, 734 (1993) (providing analysis of plain error
review applicable where objection is not asserted in district
court).
As required by Anders, we have reviewed the entire record
and have found no meritorious issues for appeal. We therefore
affirm Myers’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
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are adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED
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