US v. Hairston

Filing 920071023

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-4232 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus CHARLES LAMONT HAIRSTON, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. N. Carlton Tilley, Jr., District Judge. (1:06-cr-00307-NCT) Submitted: October 18, 2007 Decided: October 23, 2007 Before WILKINSON, NIEMEYER, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. John Carlyle Sherrill, III, SHERILL & CAMERON, PLLC, Salisbury, North Carolina, for Appellant. Randall Stuart Galyon, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Charles Lamont Hairston appeals from his conviction and 120-month sentence imposed following his guilty plea to distribution of crack cocaine. Hairston's attorney filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), stating that there were no meritorious issues for appeal, but challenging the reasonableness of the sentence. Hairston was advised of his right to file a pro se supplemental brief, but has declined to do so. Our review of the record discloses no reversible error; accordingly, we affirm Hairston's conviction and sentence. We find that Hairston's guilty plea was knowingly and voluntarily entered after a thorough hearing pursuant to Fed. R. Crim. P. 11. Hairston was properly advised of his rights, the elements of the offense charged, and the mandatory minimum and the maximum sentence for the offense. The court also determined that there was an independent factual basis for the plea and that the plea was not coerced or influenced by any promises. See United We States v. DeFusco, 949 F.2d 114, 119-20 (4th Cir. 1991). therefore find that the plea was valid. We find that the district court properly applied the Sentencing Guidelines and considered the relevant sentencing 18 U.S.C.A. factors before imposing the 120-month sentence. 3553(a) (West 2000 & Supp. 2007); see United States v. Hughes, 401 F.3d 540, 546-47 (4th Cir. 2005). Additionally, we find that - 2 - the sentence imposed--which was within the properly calculated guideline range--was reasonable. See United States v. Green, 436 F.3d 449, 457 (4th Cir.) ("[A] sentence imposed within the properly calculated [g]uidelines range . . . is presumptively reasonable.") (internal quotation marks and citation omitted), cert. denied, 126 S. Ct. 2309 (2006); see also Rita v. United States, 127 S. Ct. 2456, 2462-69 of (2007) (upholding of application of rebuttable sentence). presumption correctness within-guideline Accordingly, we affirm Hairston's sentence. As required by Anders, we have reviewed the entire record and have found no meritorious issues for appeal. affirm Hairston's conviction and sentence. We therefore 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 - 3 -

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