US v. Rodney M. Searcy

Filing 920080527

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-4622 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RODNEY MICHAEL SEARCY, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert J. Conrad, Jr., Chief District Judge. (3:06-cr-00091) Submitted: May 22, 2008 Decided: May 27, 2008 Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Matthew C. Joseph, Charlotte, North Carolina, for Appellant. Amy Elizabeth Ray, OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Rodney Michael Searcy pled guilty to possession of a firearm by a convicted felon and was sentenced to 70 months in prison. On appeal, Searcy's counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), asserting that there are no meritorious issues for appeal, but raising the claim that Searcy received ineffective assistance of counsel. Although informed of his right to do so, Searcy has not filed a pro se supplemental brief. After reviewing the entire record for any meritorious claims, we affirm. Claims of ineffective assistance of counsel are not cognizable on direct appeal unless the record conclusively establishes ineffective assistance. 195 F.3d 192, of 198 the (4th Cir. United States v. Richardson, To allow for adequate 1999). of development record, claims ineffective assistance generally should be brought in a 28 U.S.C. 2255 (2000) motion. United States v. King, 119 F.3d 290, 295 (4th Cir. 1997). that the record does not conclusively establish We find ineffective assistance. Accordingly, we affirm Searcy's 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 - 2 - counsel may move in this court for leave to withdraw from representation. Counsel's motion must state that a copy thereof We dispense with oral argument because was served on the client. 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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