United States v. Brooks

Fourth Circuit

United States v. Brooks

266 F. App'x 246

CourtCourt of Appeals for the Fourth Circuit

DecidedFebruary 25, 2008

Docket07-4816

StatusUnpublished

This text of 266 F. App'x 246 (United States v. Brooks) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Brooks, 266 F. App'x 246 (4th Cir. 2008).

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Opinion

PER CURIAM:

Johnnie Mae Brooks appeals her three-month sentence imposed upon revocation of her probation. On appeal, Brooks’ attorney has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), certifying there are no meritorious issues for appeal, but suggesting the court erred in the length of the sentence imposed. Although advised of her right to file a pro se supplemental brief, Brooks has not done so. After a thorough review of the record, we affirm.

This court will affirm a sentence imposed after revocation of probation if it is within the applicable statutory maximum and is not plainly unreasonable. United States v. Moulden, 478 F.3d 652, 656 (4th Cir.2007) (citing United States v. Crudup, 461 F.3d 433, 437, 439-40 (4th Cir.2006), cert. denied, — U.S.-, 127 S.Ct. 1813, 167 L.Ed.2d 325 (2007)). Brooks’ three-month sentence was within the advisory *247 policy statement range of three to nine months and well below the statutory maximum of twenty-four months. See 18 U.S.C. § 3583(e)(3) (2000). Brooks’ sentence is not plainly unreasonable.

In accordance with Anders, we have reviewed the entire record for meritorious issues and have found none. Accordingly, we affirm the district court’s judgment. We deny counsel’s motion to withdraw. This court requires that counsel inform his client, in wilting, 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, 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 are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.

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PER CURIAM:

Johnnie Mae Brooks appeals her three-month sentence imposed upon revocation of her probation. On appeal, Brooks’ attorney has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), certifying there are no meritorious issues for appeal, but suggesting the court erred in the length of the sentence imposed. Although advised of her right to file a pro se supplemental brief, Brooks has not done so. After a thorough review of the record, we affirm.

This court will affirm a sentence imposed after revocation of probation if it is within the applicable statutory maximum and is not plainly unreasonable. United States v. Moulden, 478 F.3d 652, 656 (4th Cir.2007) (citing United States v. Crudup, 461 F.3d 433, 437, 439-40 (4th Cir.2006), cert. denied, — U.S.-, 127 S.Ct. 1813, 167 L.Ed.2d 325 (2007)). Brooks’ three-month sentence was within the advisory *247 policy statement range of three to nine months and well below the statutory maximum of twenty-four months. See 18 U.S.C. § 3583(e)(3) (2000). Brooks’ sentence is not plainly unreasonable.

In accordance with Anders, we have reviewed the entire record for meritorious issues and have found none. Accordingly, we affirm the district court’s judgment. We deny counsel’s motion to withdraw. This court requires that counsel inform his client, in wilting, 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, 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 are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.

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Bluebook (online)

266 F. App'x 246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-brooks-ca4-2008.

Opinion

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