United States v. Choice

Fourth Circuit

United States v. Choice

102 F. App'x 799

CourtCourt of Appeals for the Fourth Circuit

DecidedJuly 20, 2004

Docket04-4090

StatusUnpublished

Cited by3 cases

This text of 102 F. App'x 799 (United States v. Choice) 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. Choice, 102 F. App'x 799 (4th Cir. 2004).

Pincite

Opinion

PER CURIAM:

Eddie Sweeny Choice appeals his conviction and eighty-two month sentence after pleading guilty pursuant to a written plea agreement to unlawful possession of a firearm in violation of 21 U.S.C. § 922(g)(1) (2000). His attorney has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), stating that there are no meritorious issues for appeal, but raising the issue of whether the district court failed to follow the requirements of Fed.R.Crim.P. 11 at the plea hearing. Although notified by both this court and his attorney of his right to file a pro se supplemental brief, Choice has not done so. Finding no reversible error, we affirm.

Choice contends his plea hearing failed to comport with Rule 11. As Choice raised no objection to the Rule 11 proceeding below, we review this claim for plain error. United States v. General, 278 F.3d 389, 394 (4th Cir.), cert. denied, 536 U.S. 950, 122 S.Ct. 2643, 153 L.Ed.2d 821 *800 (2002). In light of the district court’s thorough plea colloquy, we find Choice was fully aware of his rights and the consequences of his plea and that his plea was knowing and voluntary. We find the district court complied with the requirements of Rule 11 in accepting Choice’s plea.

We have reviewed the entire record in this case in accordance with the requirements of Anders, and find no meritorious issues for appeal. Accordingly, we affirm Choice’s conviction and sentence. This Court requires that counsel inform his client, in writing, of his 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. 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

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

Eddie Sweeny Choice appeals his conviction and eighty-two month sentence after pleading guilty pursuant to a written plea agreement to unlawful possession of a firearm in violation of 21 U.S.C. § 922(g)(1) (2000). His attorney has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), stating that there are no meritorious issues for appeal, but raising the issue of whether the district court failed to follow the requirements of Fed.R.Crim.P. 11 at the plea hearing. Although notified by both this court and his attorney of his right to file a pro se supplemental brief, Choice has not done so. Finding no reversible error, we affirm.

Choice contends his plea hearing failed to comport with Rule 11. As Choice raised no objection to the Rule 11 proceeding below, we review this claim for plain error. United States v. General, 278 F.3d 389, 394 (4th Cir.), cert. denied, 536 U.S. 950, 122 S.Ct. 2643, 153 L.Ed.2d 821 *800 (2002). In light of the district court’s thorough plea colloquy, we find Choice was fully aware of his rights and the consequences of his plea and that his plea was knowing and voluntary. We find the district court complied with the requirements of Rule 11 in accepting Choice’s plea.

We have reviewed the entire record in this case in accordance with the requirements of Anders, and find no meritorious issues for appeal. Accordingly, we affirm Choice’s conviction and sentence. This Court requires that counsel inform his client, in writing, of his 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. 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

Cite This Page — Counsel Stack

Bluebook (online)

102 F. App'x 799, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-choice-ca4-2004.

Opinion

Related

Cite This Page — Counsel Stack