Filed: May 11, 2009
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-4269 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. STAYKA DOLJEVA, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, District Judge. (4:07-cr-00479-RBH-3) Submitted: April 20, 2009 Decided: May 11, 2009 Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. John D. Ellio
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-4269 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. STAYKA DOLJEVA, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, District Judge. (4:07-cr-00479-RBH-3) Submitted: April 20, 2009 Decided: May 11, 2009 Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. John D. Elliot..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-4269
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
STAYKA DOLJEVA,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. R. Bryan Harwell, District Judge.
(4:07-cr-00479-RBH-3)
Submitted: April 20, 2009 Decided: May 11, 2009
Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
John D. Elliott, Columbia, South Carolina, for Appellant.
William E. Day, II, Assistant United States Attorney, Florence,
South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Pursuant to a written plea agreement, Stayka Doljeva pled
guilty to conspiracy to commit marriage fraud, 18 U.S.C. § 371
(2006), and was sentenced to two months in prison. She now
appeals. Her attorney has filed a brief pursuant to Anders v.
California,
386 U.S. 738 (1967), raising two issues but
concluding that there are no meritorious issues for appeal.
Doljeva was advised of her right to file a pro se supplemental
brief but did not file such a brief.
After reviewing the transcript of Doljeva’s Fed. R. Crim.
P. 11 hearing, we conclude that the district court fully
complied with the Rule. Further, we note that there is nothing
in the record to suggest that the sentence of imprisonment, as
opposed to a term of probation, resulted from collateral,
impermissible influences on the district judge. We conclude
that the sentence was reasonable. See Gall v. United States,
128 S. Ct. 586, 597 (2007). Finally, after a thorough review of
the record in accordance with Anders, we find that there are no
meritorious issues for appeal. Accordingly, we affirm.
This court requires counsel to 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, counsel may move in this court for leave to
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withdraw from representation. Counsel’s motion must state that
a copy of the motion was served on the client. We dispense with
oral argument because the facts and legal questions are
adequately presented in the materials before the court and
argument would not significantly aid the decisional process.
AFFIRMED
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