US v. Jones

Filing 920070419


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-4221 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus TIMOTHY JONES, a/k/a Chemist, a/k/a Dog, Digity, a/k/a Digity Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:04-cr-00324-D) Submitted: March 30, 2007 Decided: April 19, 2007 Before NIEMEYER, WILLIAMS, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. H. Gerald Beaver, BEAVER, HOLT, STERNLICHT & COURIE, P.A., Fayetteville, North Carolina, for Appellant. Frank DeArmon Whitney, United States Attorney, Anne Margaret Hayes, Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Timothy Jones was convicted of conspiracy to distribute cocaine and cocaine base and was sentenced to life in prison. now appeals. He His attorney has filed a brief in accordance with stating that there are Anders v. California, 386 U.S. 738 (1967), no meritorious grounds for appeal. supplemental brief. We affirm. Jones has also filed a pro se Jones first attacks the sufficiency of the evidence. In reviewing a claim of insufficient evidence, we consider whether there is substantial evidence, viewed in the light most favorable to the Government, to support the verdict. States, 315 U.S. 60, 80 (1942). Glasser v. United We do not review the credibility of witnesses, and we assume the jury resolved all evidentiary contradictions in favor of the Government. 278 F.3d 302, 313 (4th Cir. 2002). United States v. Sun, Our review of the trial transcript convinces us that there was sufficient evidence to support both convictions. Jones also claims that his sentence violates the Sixth Amendment. After United States v. Booker, 543 U.S. 220 (2005), a sentence must be "within the statutorily prescribed range and . . . reasonable." 2005). Guideline United States v. Hughes, 401 F.3d 540, 547 (4th Cir. "[A] sentence imposed within the properly calculated range . . . is presumptively reasonable." United - 2 - States v. Green, 436 F.3d 449, 457 (4th Cir.), cert. denied, 126 S. Ct. 2309 (2006) (internal quotations marks omitted). Here, the life sentence is statutorily authorized. 21 U.S.C. 841(b)(1)(A) (2000). range was correctly calculated. See Moreover, the advisory guideline With regard to the guideline calculation, it is abundantly clear that Jones was the leader or organizer of an organization involving five or more people. Therefore, the four-level enhancement of his offense level for his role in the offense was proper. Manual 3B1.1(a) (2005). The district court imposed a sentence that was both within the statutory range and the properly calculated advisory guideline range. Additionally, the court considered the factors See U.S. Sentencing Guidelines set forth at 18 U.S.C.A. 3553(a) (West 2000 & Supp. 2006) in imposing sentence. We conclude that the sentence is reasonable. In accordance with Anders, we have reviewed the entire record for any meritorious issues and have found none.* Accordingly, we affirm. This court requires counsel to 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 In his informal brief, Jones complains about his convictions on firearm charges, contending that there was no evidence that the gun in question traveled in interstate commerce. We note that Jones was neither indicted for nor convicted of a firearm offense. - 3 - * would be frivolous, then counsel may move this court for leave to withdraw from representation. Counsel's motion must state that a We dispense with oral copy of the motion was served on the client. argument because the facts and legal contentions are adequately set forth in the materials before the court and argument would not aid the decisional process. AFFIRMED - 4 -

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