United States v. Deion Thompson

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 27, 2025
• Docket: 23-4642
• Status: Unpublished

Opinion

USCA4 Appeal: 23-4642 Doc: 22 Filed: 06/27/2025 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-4642

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DEION RASHAAD THOMPSON, a/k/a Chucky,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, Senior District Judge. (3:22-cr-00159-FDW-DCK-5)

Submitted: April 30, 2025 Decided: June 27, 2025

Before AGEE, RUSHING, and BENJAMIN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

ON BRIEF: Roderick M. Wright, Jr., RODERICK WRIGHT LAW FIRM, PLLC, Cornelius, North Carolina, for Appellant. Amy Elizabeth Ray, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee.

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PER CURIAM:

Deion Rashaad Thompson appeals the district court’s judgment imposing a prison

sentence of 120 months after he pled guilty to conspiracy to distribute and possess with

intent to distribute 50 grams or more of methamphetamine (actual), 40 grams or more of

fentanyl, and detectable amounts of cocaine and heroin, in violation of 21 U.S.C. § 846;

three counts of distributing fentanyl, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C); and

distribution of 50 grams or more of methamphetamine (actual), in violation of 21 U.S.C.

§ 841(a)(1), (b)(1)(A). On appeal, Thompson’s attorney has filed a brief under Anders v.

California, 386 U.S. 738 (1967), questioning whether there was prosecutorial misconduct

at sentencing but concluding there are no meritorious issues for appeal. Thompson was

notified of his right to file a pro se supplemental brief but has not done so. We affirm.

“When asserting a prosecutorial misconduct claim, a defendant bears the burden of

showing (1) that the prosecutors engaged in improper conduct, and (2) that such conduct

prejudiced the defendant’s substantial rights so as to deny the defendant a fair trial.” United

States v. Alerre, 430 F.3d 681, 689 (4th Cir. 2005). We have reviewed the record and the

arguments in Thompson’s brief, and we conclude he fails to make this showing. We have

also reviewed the entire record for any meritorious appeal issues and have found none.

Accordingly, we affirm the district court’s judgment. This court requires that

counsel inform Thompson, in writing, of his right to petition the Supreme Court of the

United States for further review. If Thompson 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

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was served on Thompson. 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