United States v. Florence

185 F. App'x 274
Court of Appeals for the Fourth Circuit·Decided June 16, 2006·No. 05-4936·Unpublished

Opinion

PER CURIAM:

Christopher Tim Florence pled guilty to possession with intent to distribute 95.7 grams of cocaine base “crack” and was sentenced to 268 months of imprisonment. On appeal, counsel has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), alleging that there are no meritorious claims on appeal but raising the following issues: whether (1) the district court complied with Fed.R.Crim.P. 11 in conducting Florence’s plea hearing, and (2) the sentence was reasonable. For the reasons that follow, we affirm.

We do not find that the district court plainly erred at Florence’s plea hearing. United States v. General, 278 F.3d 389, 393 (4th Cir.2002) (stating review standard). The court complied with Fed. R.Crim.P. 11 in conducting the hearing. Next, we do not find that Florence’s sentence was unreasonable. United States v. Booker, 543 U.S. 220, 261, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005) (stating review standard); United States v. Hughes, 401 F.3d 540, 546-47 (4th Cir.2005) (same). Therefore, these claims fail.

*275 We have examined the entire record in this case, in accordance with the requirements of Anders, and find no meritorious issues for appeal. Accordingly, we affirm. 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. 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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United States v. Florence, 185 F. App'x 274 (4th Cir. 2006).

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
United States v. Booker
543 U.S. 220 (Supreme Court, 2004)
United States v. Benjamin General, A/K/A Barkim
278 F.3d 389 (Fourth Circuit, 2002)