United States v. Waddell

18 F. App'x 155

• Court: Court of Appeals for the Fourth Circuit
• Decided: September 10, 2001
• Docket: 01-4071
• Status: Unpublished

Opinion

OPINION

PER CURIAM.

Robert Waddell, Jr., was convicted pursuant to his guilty pleas of five counts of bank robbery. Waddell’s 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), alleging that the district court erred by sentencing Waddell as a career offender pursuant to USSG § 4B1.1. 1 Although advised of his right to do so, Waddell did not file a pro se supplemental brief. Finding no error, we affirm.

The basic facts of this case are undisputed. Waddell robbed five banks in North and South Carolina between March 7 and June 7, 2000. In each case, Waddell pre sented a note demanding money and stating that he had a gun. No firearm was observed during any of the robberies.

Because Waddell did not object to the district court’s sentencing calculation at trial, we review its decision for plain error and find none. United States v. Olano, 507 U.S. 725, 733-36, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993). The Guidelines provide that:

A defendant is a career offender if (1) the defendant was at least eighteen years old at the time the defendant committed the instant offense of conviction, (2) the instant offense of conviction is a felony that is either a crime of violence or a controlled substance offense, and (3) the defendant has at least two prior felony convictions of either a crime of violence or a controlled substance offense.

USSG § 4B1.1.

The record here clearly shows that Wad-dell satisfies all three criteria. First, he was forty-one years old at the time of the robberies. Second, unarmed bank robbery is a felony crime of violence for purposes of USSG § 4B1.1. United States v. Davis, 915 F.2d 132 (4th Cir.1990). Finally, Wad-dell’s 1989 state convictions for assault on a female qualify as prior felony convictions for a crime of violence under the Guidelines. 2 United States v. Johnson, 114 F.3d 435, 444-45 (4th Cir.1997).

We have examined the entire record in this case in accordance with the requirements of Anders and find no meritorious issues for appeal. The 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 therefore affirm Waddell’s sentence. Counsel’s current motion to withdraw is denied. 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.

1 . U.S. Sentencing Guidelines Manual (2000).

2 . Waddell was thirty-one years old at the time of these offenses.