U.S. v. Britt

1 Citing case

  1. Britt v. U.S.

    CIVIL NO. 1:10cv134, [CRIMINAL CASE NO. 1:07cr101] (W.D.N.C. Jul. 12, 2010)

    [Id., Doc. 106]. On July 2, 2008, Petitioner filed a Notice of Appeal in the Fourth Circuit Court of Appeals. [Id., Doc. 111]. On July 2, 2009, in an unpublished decision, the Fourth Circuit affirmed this Court's judgment, concluding that this Court followed the necessary procedural steps in sentencing Petitioner; that Petitioner was appropriately enhanced two levels for the firearm located under his mattress; and that Petitioner's sentence was not disparate. United States v. Van Britt, 335 F. App'x 289 (4th Cir. 2009). This case was assigned to the undersigned upon Judge Thornburg's retirement. Petitioner now files this motion, claiming that his trial attorney was ineffective for having failed to raise that the plea agreement was breached and that the sentencing guidelines were applied incorrectly and for having filed only an Anders brief on appeal.