US v. Michael Tedder

Filing 920090824

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-5142 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MICHAEL TEDDER, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, District Judge. (1:06-cr-00331-JFM-3) Submitted: August 20, 2009 Decided: August 24, 2009 Before WILKINSON and Senior Circuit Judge. MICHAEL, Circuit Judges, and HAMILTON, Affirmed by unpublished per curiam opinion. A.D. Martin, LAW OFFICE OF ANTHONY D. MARTIN, Greenbelt, Maryland, for Appellant. James Thomas Wallner, Assistant United States Attorney, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Pursuant to a plea agreement, Michael Tedder pled guilty to conspiracy to distribute and intent to distribute five kilograms or more of cocaine, in violation of 21 U.S.C. 841(a), (b)(1)(A), 846 (2006). The district court sentenced Tedder to 168 months' imprisonment, after departing from the applicable sentencing range, plus a five year term of supervised release. v. Tedder's counsel has filed a brief pursuant to Anders 386 U.S. 738 (1967), claiming ineffective California, assistance of counsel, but concluding that no meritorious issues for appeal exist. Tedder was advised of his right to file a pro se supplemental brief, but did not do so. On direct appeal, a defendant may raise a claim of ineffective assistance of counsel "if and only if it conclusively appears from the record that his counsel did not provide effective assistance." F.3d 972, 979 (4th Cir. 1998). the defendant must fell show two United States v. Martinez, 136 To prove ineffective assistance, things: an (1) "that counsel's of representation below objective standard reasonableness" and (2) "that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Strickland v. Washington, 466 U.S. 668, 688, 694 (1984). In the context of a guilty plea, "the defendant must show that there is a reasonable 2 probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial." v. Lockhart, 474 U.S. 52, 59 (1985). Hill Our review of the record reveals no conclusive evidence that Tedder's counsel did not provide effective assistance. In accordance with Anders, we have reviewed the record in this case and have found no meritorious issues for appeal. We therefore affirm Tedder's conviction and sentence. This court requires that counsel inform Tedder, in writing, of his right to petition the Supreme Court of the United States for further review. If Tedder requests that a petition be filed, but counsel believes that such a petition would be frivolous, 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 Tedder. the facts and legal conclusions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 3

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