Filed: Jul. 03, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4879 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LARRY JAMES KERFOOT, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Ellen L. Hollander, District Judge. (1:12-cr-00571-ELH-1) Submitted: May 30, 2014 Decided: July 3, 2014 Before KEENAN, DIAZ, and FLOYD, Circuit Judges. Affirmed by unpublished per curiam opinion. A.D. Martin, LAW OFFICE OF ANTHONY D. MART
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4879 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LARRY JAMES KERFOOT, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Ellen L. Hollander, District Judge. (1:12-cr-00571-ELH-1) Submitted: May 30, 2014 Decided: July 3, 2014 Before KEENAN, DIAZ, and FLOYD, Circuit Judges. Affirmed by unpublished per curiam opinion. A.D. Martin, LAW OFFICE OF ANTHONY D. MARTI..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-4879
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LARRY JAMES KERFOOT,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Ellen L. Hollander, District Judge.
(1:12-cr-00571-ELH-1)
Submitted: May 30, 2014 Decided: July 3, 2014
Before KEENAN, DIAZ, and FLOYD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
A.D. Martin, LAW OFFICE OF ANTHONY D. MARTIN, Greenbelt,
Maryland, for Appellant. Rod J. Rosenstein, United States
Attorney, Judson T. Mihok, Assistant United States Attorney,
Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Larry James Kerfoot pleaded guilty, pursuant to a plea
agreement, to one count of production of child pornography, in
violation of 18 U.S.C. § 2251(a) (2012). Kerfoot was sentenced
to a within-Guidelines sentence of 336 months’ imprisonment,
below the statutory maximum sentence, and a life term of
supervised release. Counsel has filed a brief under Anders v.
California,
386 U.S. 738 (1967), indicating that there are no
meritorious issues for review but raising for consideration
whether Kerfoot received ineffective assistance of counsel.
Kerfoot was informed of the opportunity to file a pro se
supplemental brief but did not do so. The Government did not
file a brief. We affirm.
Claims of ineffective assistance of counsel generally
are not cognizable on direct appeal unless the record
conclusively demonstrates that counsel was ineffective. United
States v. Powell,
680 F.3d 350, 359 (4th Cir. 2012). Rather, to
allow for adequate development of the record, a defendant
generally must bring his claims in a motion under 28 U.S.C.
§ 2255 (2012).
Id. We have reviewed the record and conclude
that it does not conclusively demonstrate that counsel was
ineffective. Thus, Kerfoot’s ineffective assistance of counsel
claim is not cognizable on direct review.
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In accordance with Anders, we have reviewed the record
in this case and have found no meritorious issues for appeal.
We therefore affirm Kerfoot’s conviction and sentence. This
court requires that counsel inform Kerfoot, in writing, of the
right to petition the Supreme Court of the United States for
further review. If Kerfoot 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 Kerfoot.
We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
before this court and argument would not aid the decisional
process.
AFFIRMED
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