US v. James Terrell, III

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:09-cr-00172-FDW-1. Copies to all parties and the district court/agency. [998758148]. [11-4518]

Appeal: 11-4518

Document: 38

Date Filed: 01/05/2012

Page: 1 of 4

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-4518

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JAMES THOMAS TERRELL, III,
Defendant -

Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Frank D. Whitney,
District Judge. (3:09-cr-00172-FDW-1)

Submitted:

December 16, 2011

Decided:

January 5, 2012

Before WILKINSON, NIEMEYER, and GREGORY, Circuit Judges.

Affirmed in part, dismissed in part by unpublished per curiam
opinion.

Richard Croutharmel, Raleigh, 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Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
James Thomas Terrell, III pled guilty pursuant to a
written plea agreement under Fed. R. Crim. P. 11(c)(1)(C) to two
counts of conspiracy to distribute and possession with intent to
distribute narcotics, in violation of 21 U.S.C. §§ 841(b)(1)(B),
846 (2006), and two counts of conspiracy to conduct financial
transactions

involving

the

proceeds

of

unlawful

violation of 18 U.S.C. § 1956(h) (2006).

activity,

in

The district court

accepted the plea agreement and imposed the stipulated sentence
of 156 months’ imprisonment.
On appeal, Terrell’s counsel filed a brief pursuant to
Anders v. California, 386 U.S. 738 (1967), in which he states
that there are no meritorious issues for appeal.

Terrell filed

a pro se supplemental brief asserting that the district court
erred in calculating the applicable statutory minimum sentence
and that the district court erred in applying a second-degree
murder cross-reference.
a response.

The Government has elected not to file

We affirm in part and dismiss in part.

Prior to accepting a defendant’s guilty plea, Fed. R.
Crim. P. 11(b)(1) requires the district court to ensure that a
defendant understands his right to plead not guilty, the trial
rights he is forfeiting by pleading guilty, the nature of the
charges, any maximum and minimum penalty, and the provisions of
any plea agreement.

Additionally, the district court must find
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a factual basis for the plea and that the plea is knowing and
voluntary.

Fed. R. Crim. P. 11(b)(2)-(3).

Because Terrell did

not move to withdraw his guilty plea, the Rule 11 hearing is
reviewed for plain error.
517 (4th Cir. 2002).

United States v. Martinez, 277 F.3d

After thoroughly reviewing the record in

this case, we conclude that the district court complied with the
mandates of Rule 11 in accepting Terrell’s plea.

The record

confirms that there was a factual basis for the plea, that the
plea was knowing and voluntary, and that Terrell understood his
rights and the consequences of the plea agreement.

We therefore

affirm Terrell’s conviction.
We
sentence.

lack

jurisdiction,

however,

to

review

Terrell’s

This court’s jurisdiction to review a sentence is

governed by 18 U.S.C. § 3742(c)(2006), which limits review of a
sentence

determined

pursuant

to

a

Rule

11(c)(1)(C)

plea

agreement to sentences imposed either in violation of the law or
as

a

result

Guidelines.

of

an

incorrect

application

of

the

Sentencing

United States v. Sanchez, 146 F.3d 796, 797 (10th

Cir. 1998); United States v. Littlefield, 105 F.3d 527, 527-28
(9th

Cir.

1997).

Here,

Terrell’s

sentence

was

the

exact

sentence negotiated in the plea agreement and was less than the
applicable statutory maximum.

It could not have been imposed as

a result on an incorrect application of the Guidelines because
it

was

a

contractual

agreement
3

made

independently

of

any

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Guidelines calculations.

Page: 4 of 4

United States v. Cieslowski, 410 F.3d

353, 364 (7th Cir. 2005).
In accordance with Anders, we have reviewed the record
in this case and have found no meritorious issues for appeal.
We therefore affirm Terrell’s conviction and dismiss his appeal
as to his sentence.
facts

and

materials

legal
before

We dispense with oral argument because the

contentions

are

adequately

the

and

argument

decisional process.

court

presented

would

not

in

the

aid

the

This court requires that counsel inform

Terrell in writing of the right to petition the Supreme Court of
the United States for further review.

If Terrell 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 Terrell.

AFFIRMED IN PART;
DISMISSED IN PART

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