Opinion
No. 07-4169.
Submitted: October 18, 2007.
Decided: October 23, 2007.
Appeal from the United States District Court for the District of South Carolina, at Columbia. Margaret B. Seymour, District Judge. (3:06-cr-00059-MBS).
Michael W. Chesser, Aiken, South Carolina, for Appellant. Leesa Washington, Office of the United States Attorney, Greenville, South Carolina, for Appellee.
Before WILKINSON, NIEMEYER, and KING, Circuit Judges.
Affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Rufus Antonio Joiner pled guilty pursuant to a written plea agreement to one count of conspiracy to possess with intent to distribute and to distribute cocaine and cocaine base, in violation of 21 U.S.C. § 846 (2000). Joiner was sentenced to 135 months' imprisonment. Finding no error, we affirm.
On appeal, counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), asserting there were no meritorious grounds for appeal, but contending Joiner's sentence is unreasonable because it failed to take into account his personal characteristics and is greater than necessary to accomplish the goals of 18 U.S.C. § 3553(a) (2000). Joiner was notified of his right to file a pro se supplemental brief, but did not do so, and the Government elected not to file a responsive brief.
The district court appropriately calculated the advisory guideline range and considered it in conjunction with other relevant factors under the Guidelines and § 3553(a). See United States v. Moreland, 437 F.3d 424, 432-33 (4th Cir.), cert. denied, ___ U.S. ___, 126 S.Ct. 2054, 164 L.Ed.2d 804 (2006). Joiner's 135-month sentence, which is at the lowest end of the applicable guideline range and below the statutory maximum, is therefore presumptively reasonable. See United States v. Green, 436 F.3d 449, 457 (4th Cir.), cert. denied, ___ U.S. ___, 126 S.Ct. 2309, 164 L.Ed.2d 828 (2006); see also Rita v. United States, ___ U.S. ___, 127 S.Ct. 2456, 2462-65, 168 L.Ed.2d 203 (2007).
In accordance with Anders, we have reviewed the entire record in this case and have found no meritorious issues for appeal. Accordingly, we affirm the 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 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 in the decisional process.
AFFIRMED.