US v. Charles McComb


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:06-cr-00042-RJC-1 Copies to all parties and the district court/agency. [998535656] [10-4528]

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US v. Charles McComb Doc. 0 Case: 10-4528 Document: 27 Date Filed: 03/02/2011 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-4528 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHARLES ADAMS MCCOMBS, a/k/a IG, Defendant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-00042-RJC-1) Submitted: January 31, 2011 Decided: March 2, 2011 Before WILKINSON and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Erik M. Rosenwood, M. Aaron Lay, HAMILTON, MOON, STEPHENS, STEELE & MARTIN, PLLC, Charlotte, North Carolina, for Appellant. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Case: 10-4528 Document: 27 Date Filed: 03/02/2011 Page: 2 PER CURIAM: Charles Adams McCombs pled guilty to conspiracy to possess with intent to distribute heroin and cocaine, possession of a firearm by a convicted felon under 18 U.S.C. 922(g) (2006), and was found guilty of two violations of his supervised release. He was sentenced to 200 months of imprisonment each His was the for the drug and firearm counts, to be served concurrently. fifty-one-month imposed to run sentence for violating for supervised release with concurrently thirty-nine months other two sentences and consecutively for twelve months, so that McCombs' total sentence of imprisonment was 212 months. McCombs On has filed a notice of appeal from his 922(g) conviction. appeal, counsel has filed a brief under Anders v. California, 386 U.S. on 738 (1967), but alleging raising that the there are no meritorious whether claims appeal following issue: McCombs' sentence was greater than necessary under 18 U.S.C.A. 3553(a) (West 2000 & Supp. 2010). For the reasons that follow, we affirm. We previously addressed counsel's instant issue in McCombs' prior appeal. See United States v. McCombs, 276 F. App'x 306 (4th Cir. 2008). The district court, however, failed to transmit the notice of appeal for McCombs' 922(g) conviction, so that only McCombs' drug conspiracy and supervised release violations were technically before us. Thus, we now address McCombs' claims in the context of his conviction and sentence for the felon-in-possession of a firearm violation. 2 Case: 10-4528 Document: 27 Date Filed: 03/02/2011 Page: 3 We do not find that the district court abused its discretion in sentencing McCombs. Gall v. United States, 552 U.S. 38, 49 (2007) (stating review standard); United States v. Pauley, 511 F.3d 468, 473 (4th Cir. 2007) (same). the record reveals no procedural or Our review of error in substantive McCombs' sentence, Pauley, 511 F.3d at 473, and demonstrates that the district court carefully considered the 3553(a) factors before imposing sentence. McCombs' assertion that he received an unwarranted disparate sentence, in violation of 18 U.S.C. 3553(a)(6) (2006), fails in light of his extensive criminal history and correct designation as a career offender under U.S. Sentencing Guidelines Manual 4B1.1 (2006), which gave him a higher sentence than some of his co-defendants. We have examined the entire record in this case in accordance with the requirements of Anders, and find no meritorious issues for appeal. Accordingly, we affirm McCombs' This court of his conviction and sentence for his 922(g) violation. requires that counsel inform his client, in writing, right to petition the Supreme Court of the United States for further filed, review. but If the client requests such a that a petition would be be counsel believes that petition frivolous, then counsel may move in this court for leave to withdraw from representation. Counsel's motion must state that We dispense with oral a copy thereof was served on the client. 3 Case: 10-4528 Document: 27 Date Filed: 03/02/2011 Page: 4 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 4

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