Filed: Oct. 20, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-4250 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. OMAR DUPRAZ CRITTINGTON, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Max O. Cogburn, Jr., District Judge. (3:11-cr-00083-MOC-DCK-1) Submitted: October 9, 2015 Decided: October 20, 2015 Before WILKINSON, SHEDD, and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Tony E.
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-4250 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. OMAR DUPRAZ CRITTINGTON, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Max O. Cogburn, Jr., District Judge. (3:11-cr-00083-MOC-DCK-1) Submitted: October 9, 2015 Decided: October 20, 2015 Before WILKINSON, SHEDD, and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Tony E. ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-4250
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
OMAR DUPRAZ CRITTINGTON,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Max O. Cogburn, Jr.,
District Judge. (3:11-cr-00083-MOC-DCK-1)
Submitted: October 9, 2015 Decided: October 20, 2015
Before WILKINSON, SHEDD, and KEENAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Tony E. Rollman, Asheville, North Carolina, for Appellant. Amy
Elizabeth Ray, Assistant United States Attorney, Asheville,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Omar Dupraz Crittington appeals from the district court’s
judgment revoking his supervised release and imposing a 24-month
prison term and a 12-month term of supervised release.
Crittington’s counsel has filed a brief pursuant to Anders v.
California,
386 U.S. 738 (1967), stating that there are no
meritorious issues for appeal, but questioning whether trial
counsel rendered ineffective assistance in failing to explain
adequately to Crittington the consequences of his admission to
violating the terms of his supervised release. The Government
declined to file a brief. Crittington was informed of his right
to file a pro se supplemental brief, but he has not done so.
We affirm.
We decline to reach Crittington’s claim of ineffective
assistance of counsel. Unless an attorney’s ineffectiveness
conclusively appears on the face of the record, ineffective
assistance claims generally are not addressed on direct appeal.
United States v. Benton,
523 F.3d 424, 435 (4th Cir. 2008).
Because the record does not conclusively establish ineffective
assistance by Crittington’s trial counsel, we deem this claim
inappropriate for resolution on direct appeal. See United
States v. Baptiste,
596 F.3d 214, 216 n.1 (4th Cir. 2010).
Additionally, in accordance with Anders, we have reviewed
the remainder of the record in this case and have found no
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meritorious issues for appeal. We therefore affirm the district
court’s judgment. This court requires that counsel inform
Crittington, in writing, of the right to petition the Supreme
Court of the United States for further review. If Crittington
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 Crittington.
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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