US v. George Gunter

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:10-cr-00462-RBH-2 Copies to all parties and the district court/agency. [998833916].. [11-4476]

Appeal: 11-4476

Document: 33

Date Filed: 04/17/2012

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-4476

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
GEORGE GUNTER,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Florence. R. Bryan Harwell, District Judge.
(4:10-cr-00462-RBH-2)

Submitted:

March 29, 2012

Decided:

April 17, 2012

Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

John Wesley Locklair, LOCKLAIR & LOCKLAIR, PC, Columbia, South
Carolina, for Appellant. Alfred William Walker Bethea, Jr.,
Robert Frank Daley, Jr., Assistant United States Attorneys,
Florence, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
George Gunter was named in Counts One and Six of a
six-count indictment.
with

conspiracy

to

Count One charged Gunter and four others

possess

with

intent

to

distribute

and

to

distribute cocaine base, in violation of 21 U.S.C. § 846 (2006).
Count Six charged Gunter and another man with possession with
intent to distribute cocaine base, in violation of 21 U.S.C.
§ 841(a) (2006).
After

Gunter pled not guilty to both counts.
hearing

evidence

and

deliberating,

the

jury

returned a verdict form finding Gunter not guilty as to Count
Six, and guilty as to Count One, but with no finding as to the
drug

quantity

further

attributable

instruction

to

the

to

Gunter.

jury

The

acceptable

court
to

composed

both

a

parties,

identifying the inconsistency on the verdict form and clearly
setting forth the jury’s options.

The jury again returned a

guilty verdict as to Count One, this time identifying a quantity
of drugs attributable to Gunter.

Gunter was sentenced to 151

months in prison and timely appealed.

We affirm.

On appeal, Gunter’s counsel filed a brief pursuant to
Anders v. California, 386 U.S. 738 (1967), certifying that there
are no non-frivolous issues for appeal, but questioning whether
the jury’s initial, inconsistent verdict form requires reversal
of Gunter’s conviction.

Although informed of his right to do

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so, Gunter has not filed a pro se supplemental brief.

The

Government declined to respond.
“[I]t

has

long

been

settled

that

inconsistent

jury

verdicts do not call into question the validity or legitimacy of
the resulting guilty verdicts.”

United States v. Green, 599

F.3d 360, 369 (4th Cir. 2010) (citing United States v. Powell,
469 U.S. 57, 64 (1984); Dunn v. United States, 284 U.S. 390, 393
(1932)).

Here, in any event, the district court’s additional

instruction

and

inconsistency.

the

jury’s

Therefore,

ultimate

this

claim

verdict
entitles

removed
Gunter

any

to

no

relief.
In accordance with Anders, we have reviewed the record
in this case and have found no meritorious issues for appeal.
Therefore, we affirm the judgment of the district court.

This

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

If Gunter 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

was served on Gunter.

We dispense with oral argument because

the facts and legal contentions are adequately presented in the

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materials

before

Date Filed: 04/17/2012

the

court

and

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argument

would

not

aid

the

decisional process.
AFFIRMED

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