US v. Sidney Sims

Filing 920090505

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-4987

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SIDNEY LAWRENCE SIMS, Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. William L. Osteen, Jr., District Judge. (1:08-cr-00051-WO-1)

Submitted:

April 22, 2009

Decided:

May 5, 2009

Before TRAXLER, GREGORY, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Louis C. Allen, Federal First Assistant Federal Carolina, for Appellant. United States Attorney, Appellee.

Public Defender, William C. Ingram, Public Defender, Greensboro, North Robert Albert Jamison Lang, Assistant Winston-Salem, North Carolina, for

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Sidney Lawrence Sims pled guilty, pursuant to a plea agreement, to possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1) (2006). The conditional plea preserved

Sims's right to appeal the district court's denial of his motion to suppress. Sims was sentenced to seventy-five months'

imprisonment.

Sims's attorney has filed a brief in accordance

with Anders v. California, 386 U.S. 738 (1967), certifying that there are no meritorious grounds for appeal, but alleging that the district court erred in denying Sims's motion to suppress. Sims filed a pro se supplemental brief, reiterating the

arguments raised in counsel's brief. file a reply brief.

The Government did not

Finding no reversible error, we affirm.

In reviewing the district court's ruling on a motion to suppress, we review the district court's factual findings for clear error, and its legal determinations de novo. United The facts

States v. Cain, 524 F.3d 477, 481 (4th Cir. 2008).

are reviewed in the light most favorable to the prevailing party below. 2007). With these standards in mind, and having reviewed the transcript of the suppression hearing, we conclude the district court did not err in denying Sims's motion to suppress. United States v. Burton, 228 F.3d 2 524, 528 (4th Cir. See 2008) United States v. Jamison, 509 F.3d 623, 628 (4th Cir.

(finding that officers must have both reasonable suspicion of criminal activity as well as reason to believe suspect armed and dangerous in order to conduct constitutional frisk for weapons). In accordance with Anders, we have reviewed the record in this case and have found the no meritorious issues for appeal. This We court

therefore

affirm

district

court's

judgment.

requires that counsel inform Sims, in writing, of the right to petition review. the Supreme Court of the United States for further

If Sims 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 We dispense with oral argument because the are and adequately argument presented not in aid the the

was served on Sims. facts and legal before

contentions the court

materials

would

decisional process. AFFIRMED

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