US v. Arthur Sanders, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:06-cr-00285-F-4 Copies to all parties and the district court/agency. [998699405].. [09-4725]

Appeal: 09-4725

Document: 54

Date Filed: 10/13/2011

Page: 1 of 4

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 09-4725

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ARTHUR SHABAZZ SANDERS, JR.,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Fox, Senior
District Judge. (5:06-cr-00285-F-4)

Submitted:

September 30, 2011

Before SHEDD and
Circuit Judge.

AGEE,

Circuit

Decided:

Judges,

and

October 13, 2011

HAMILTON,

Senior

Affirmed in part, vacated in part, and remanded by unpublished
per curiam opinion.

Mark R. Sigmon, GRAEBE HANNA & WELBORN PLLC, Raleigh, North
Carolina, for Appellant.
Jennifer P. May-Parker, Assistant
United States Attorney, Jennifer E. Wells, OFFICE OF THE UNITED
STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Arthur Shabazz Sanders pled guilty to conspiracy to
possess with intent to distribute and to distribute cocaine and
more

than

fifty

grams

of

cocaine

base

(“crack”)

sentenced to 262 months of imprisonment.

and

was

On appeal, counsel

filed a brief pursuant to Anders v. California, 386 U.S. 738
(1967), asserting there are no meritorious grounds for appeal,
but

raising

the

following

issue:

whether

the

district

court

erred by denying Sanders’ motions to withdraw his guilty plea.
For the reasons that follow, we affirm in part, vacate in part,
and remand.
We

do

not

find

that

the

district

court

abused

its

discretion by denying Sanders’ motions to withdraw his guilty
plea.

United States v. Ubakanma, 215 F.3d 421, 424 (4th Cir.

2000).

A defendant bears the burden of demonstrating to the

district

court’s

supports

his

satisfaction

request

to

that

withdraw.

a

“fair
Fed.

and

R.

just

Crim.

P.

reason”
11(h).

Although we have articulated certain factors a district court
should

consider

in

determining

whether

to

grant

a

motion

to

withdraw, see United States v. Moore, 931 F.2d 245, 248 (4th
Cir. 1991) (providing factors), the key to determining whether a
motion
hearing

to

withdraw

was

should

properly

be

granted,

conducted

under

is

Fed.

whether
R.

the

Crim.

P.

plea
11.

United States v. Puckett, 61 F.3d 1092, 1099 (4th Cir. 1995).
2

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Our review of Sanders’ plea hearing reveals the district court
complied with Rule 11.

Therefore we find that Sanders’ claim of

error is without merit.
Next, Sanders argues, in his Fed. R. App. P. 28(j)
filing, that he should not been considered a career offender,
under U.S. Sentencing Guidelines Manual § 4B1.1 (2008), in light
of our recent opinion in United States v. Simmons, 649 F.3d 237,
__, 2011 WL 3607266 (4th Cir. 2011).
resentencing

in

light

of

The Government also seeks

Simmons.

Accordingly,

Sanders’ sentence and remand for resentening.
however,

that

leaving

that

Sanders

is

entitled

decision

to

the

to

relief

district

we

vacate

We do not find,
under

court

in

Simmons,

the

first

instance.
In accordance with Anders, we have reviewed the record
in this case, including the issues raised in Sanders’ pro se
supplemental brief, and have found no meritorious issues for
appeal.

We therefore affirm Sanders’ conviction, vacate his

sentence, and remand for resentencing.

This court requires that

counsel inform Sanders, in writing, of the right to petition the
Supreme

Court

of

the

United

States

for

further

review.

If

Sanders 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

3

from

representation.

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Counsel’s motion must state that a copy thereof was served on
Sanders.
We dispense with oral argument because the facts and
legal
before

contentions
the

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.

AFFIRMED IN PART,
VACATED IN PART,
AND REMANDED

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