US v. Steven Owens

Filing 920081024

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-4381

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. STEVEN ERIC OWENS, Defendant ­ Appellant.

Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry F. Floyd, District Judge. (6:05-cr-00814-HFF-1)

Submitted:

October 21, 2008

Decided:

October 24, 2008

Before MICHAEL, TRAXLER, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Benjamin T. Stepp, Assistant Federal Public Defender, Greenville, South Carolina, for Appellant. Regan Alexandra Pendleton, Assistant United States Attorney, Greenville, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Steven 160-month possession possession Eric Owens imposed appeals from his convictions guilty to to plea and to

sentence of of

following with could life

his intent

methamphetamine equipment that

distribute, manufacture or

be

used

methamphetamine,

endangering

while

manufacturing

attempting to manufacture methamphetamine, and using or carrying a firearm during and in relation to a drug trafficking offense. Owens= attorney filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), addressing the reasonableness of the

sentence, but stating that there was no merit to the appeal. Owens was informed of his right to file a supplemental pro se brief, but has declined to do so. and sentence. Appellate courts review sentences imposed by district courts for reasonableness, applying an abuse of discretion We affirm Owens= convictions

standard.

Gall v. United States, 128 S. Ct. 586, 597 (2007);

see United States v. Pauley, 511 F.3d 468, 473 (4th Cir. 2007). When sentencing a defendant, a district court must: (1) properly calculate advisory; the (3) guideline consider range; the (2) treat set the guidelines 18 as

factors

out

in

U.S.C.A.

' 3553(a) (West 2000 & Supp. 2008); and (4) explain its reasons for selecting a sentence. that a sentence within Pauley, 511 F.3d at 473. the properly 2 calculated We presume sentencing

guidelines range is reasonable.

United States v. Allen, 491

F.3d 178, 193 (4th Cir. 2007); see also Rita v. United States, 127 S. Ct. 2456, 2462-69 of (2007) (upholding of application of

rebuttable sentence).

presumption

correctness

within

guideline

The district court followed the necessary steps in

sentencing Owens, and we find no abuse of discretion in the sentence of 160 months of imprisonment. convictions and sentence. As required by Anders, we have reviewed the entire record and have found no meritorious issues for appeal. This We therefore affirm his

court requires that counsel inform his client, in writing, of his right to petition the Supreme Court of the United States for further filed, review. but If the client requests such his a that a petition would leave be be to

counsel then

believes may

that renew

petition for

frivolous,

counsel

motion

withdraw from representation.

Counsel=s motion must state that a We dispense with oral

copy thereof was served on the client.

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

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