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U.S. v. POWELL, 11-4751. (2012)

Court: Court of Appeals for the Fourth Circuit Number: infco20120227085 Visitors: 7
Filed: Feb. 27, 2012
Latest Update: Feb. 27, 2012
Summary: Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ivan Clifton Powell pled guilty to two counts of possession of a firearm by a felon, in violation of 18 U.S.C. 922(g)(1) (2006), and the district court sentenced him to a within-Guidelines sentence of 137 months' imprisonment. Powell's attorney has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), stating that there are no meritorious grounds for appeal but questioning the district cour
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Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Ivan Clifton Powell pled guilty to two counts of possession of a firearm by a felon, in violation of 18 U.S.C. § 922(g)(1) (2006), and the district court sentenced him to a within-Guidelines sentence of 137 months' imprisonment. Powell's attorney has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), stating that there are no meritorious grounds for appeal but questioning the district court's application of the four-level enhancement in U.S. Sentencing Guidelines Manual § 2K2.1(b)(6) (2010). Powell was informed of his right to file a pro se supplemental brief but has not done so. We affirm.

A firearm is possessed "in connection with" another felony offense if it "facilitated, or had the potential of facilitating," the offense. USSG § 2K2.1 cmt. n.14(A); United States v. Jenkins, 566 F.3d 160, 162-63 (4th Cir. 2009). "[I]n the case of a drug trafficking offense in which a firearm is found in close proximity to drugs, . . . application of [the four-level enhancement] is warranted because the presence of the firearm has the potential of facilitating another felony offense. . . ." USSG § 2K2.1 cmt. n.14(B); Jenkins, 566 F.3d at 163. With these standards in mind, we have reviewed the record and conclude that the district court did not clearly err in applying the enhancement, see Jenkins, 566 F.3d at 163 (stating standard of review), and that the within-Guidelines sentence is procedurally and substantively reasonable. See Gall v. United States, 552 U.S. 38, 51 (2007).

In accordance with Anders, we have reviewed the record in this case and have found no meritorious issues for appeal. We therefore affirm the district court's judgment and deny Powell's motions to substitute counsel and file a second or successive motion for habeas relief. This court requires that counsel inform Powell in writing, of the right to petition the Supreme Court of the United States for further review. If Powell 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 Powell. 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.

Source:  Leagle

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