US v. Kevin Jackson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 6:09-cr-00282-GRA-3 Copies to all parties and the district court/agency. [998676022].. [11-4000]

Appeal: 11-4000

Document: 21

Date Filed: 09/13/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-4000

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
KEVIN LAMONT JACKSON,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Greenville.
Henry M. Herlong, Jr., Senior
District Judge. (6:09-cr-00282-GRA-3)

Submitted:

August 11, 2011

Decided:

September 13, 2011

Before MOTZ, GREGORY, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Margaret A. Chamberlain, CHAMBERLAIN LAW FIRM, Greenville, South
Carolina, for Appellant. Elizabeth Jean Howard, Assistant United
States Attorney, Greenville, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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Document: 21

Date Filed: 09/13/2011

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PER CURIAM:
Kevin

Lamont

Jackson

appeals

from

the

fifty-seven

month sentence imposed pursuant to his guilty plea to conspiracy
to

possess

with

intent

to

distribute

cocaine

base.

We

previously remanded this case for the district court to address
Jackson’s arguments for a below-Guidelines sentence and provide
individualized reasoning for the sentence imposed.

On remand,

the court considered the parties’ arguments and again imposed a
fifty-seven month sentence.
On

appeal,

counsel

has

filed

a

brief

pursuant

to

Anders v. California, 386 U.S. 738 (1967), asserting that there
are no meritorious issues for appeal but questioning whether the
district

court

erred

by

failing

to

effect at the time of resentencing.

apply

the

Guidelines

in

The Government has declined

to file a brief, and Jackson has not filed a pro se supplemental
brief.

After a careful review of the record, we affirm.
Jackson asserts that the district court erred by not

applying

the

Guidelines

in

effect

at

the

time

of

Jackson’s

resentencing.

However, 18 U.S.C. § 3742(g) (2006) explicitly

states

when

that,

resentencing

after

appellate

remand,

a

district court should apply the sentencing guidelines “that were
in

effect

defendant

on
prior

the
to

date
the

of

the

appeal.”

2

previous
See

also

sentencing
United

of

States

the
v.

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Document: 21

Date Filed: 09/13/2011

Page: 3 of 3

Bordon, 421 F.3d 1202, 1206-07 (11th Cir. 2005).

Accordingly,

this claim is without merit.
Our review of the record pursuant to Anders reveals no
meritorious claims.

Accordingly, we affirm Jackson’s sentence.

This court requires that counsel inform Jackson in writing of
his right to petition the Supreme Court of the United States for
further review.

If Jackson requests that a petition be filed,

but counsel believes that such a petition would be frivolous,
then counsel may motion this court for leave to withdraw from
representation.

Counsel’s motion must state that a copy thereof

was served on Jackson.

We dispense with oral 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

3