US v. Alvin Wise

Filing

Corrected opinion filed [999034288] amending and superseding prior opinion Originating case number: 3:11-cr-00791-CMC-1 Copies to all parties.. [12-4384]

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CORRECTED OPINION
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-4384

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ALVIN JEROME WISE,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Columbia.
Cameron McGowan Currie, District
Judge. (3:11-cr-00791-CMC-1)

Submitted:

January 17, 2013
Corrected Opinion Filed:

Decided:

January 22, 2013

January 31, 2013

Before GREGORY, SHEDD, and KEENAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

John M. Ervin, LAW OFFICE OF JOHN M. ERVIN, III, Darlington,
South Carolina, for Appellant.
Julius Ness Richardson,
Assistant United States Attorney, Columbia, South Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Alvin Jerome Wise pled guilty without a plea agreement
to felon in possession of firearms and ammunition, 18 U.S.C.
§§ 922(g)(1),
unregistered

924(a)(2),
sawed-off

924(e)

rifle,

26

(2006),
U.S.C.

possession
§§

5861,

of

an

5845(a)(4),

5871 (2006), possession with intent to distribute cocaine base,
methamphetamine, and marijuana, 21 U.S.C. § 841(a)(1), (b)(1)(D)
(2006), and use and carry of a firearm in furtherance of a drug
trafficking crime, 18 U.S.C. § 924(c)(1) (2006).
240-month

sentence.

On

appeal,

counsel

has

He received a
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 issues: (1) whether the district court complied with
Fed. R. Crim. P. 11 when it accepted Wise’s guilty plea; and (2)
whether

the

reasonable.

sentence

imposed

the

district

court

is

Although informed of his right to do so, Wise has

not filed a supplemental brief.
a response.

by

The Government declined to file

We affirm.

Because Wise did not move to withdraw his plea, we
review his Rule 11 hearing for plain error.

United States v.

Martinez, 277 F.3d 517, 525 (4th Cir. 2002).

Here, we find no

error, as the district court fully complied with Rule 11 when
accepting Wise’s plea.

Given no indication to the contrary, we

therefore find that Wise’s plea was knowing and voluntary, and,
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consequently, final and binding.

See United States v. Lambey,

974 F.2d 1389, 1394 (4th Cir. 1992) (en banc).
Next

we

review

Wise’s

sentence

using an abuse of discretion standard.
552 U.S. 38, 51 (2007).

for

reasonableness

Gall v. United States,

The first step in this review requires

us to ensure that the district court committed no significant
procedural error.
(4th

Cir.

United States v. Evans, 526 F.3d 155, 161

2008).

Procedural

errors

include

improperly

calculating the advisory Sentencing Guidelines range, failing to
consider

the

sentencing

18

using

U.S.C.

§

clearly

3553(a)

(2006)

erroneous

adequately explain the sentence.

sentencing

facts,

or

factors,

failing

Gall, 552 U.S. at 51.

to

Only if

we find a sentence procedurally reasonable may we consider its
substantive reasonableness.

United States v. Carter, 564 F.3d

325, 328 (4th Cir. 2009).

In this case, the district court

granted Wise’s motion for a variance and sentenced him below the
Guidelines range to the statutory mandatory minimum sentence of
240 months’ imprisonment.
Wise’s

below-Guidelines

We discern no basis to conclude that
sentence

was

either

procedurally

or

substantively unreasonable.
In accordance with Anders, we have reviewed the record
in this case and have found no meritorious issues for appeal.
We therefore affirm Wise’s convictions and sentence.

This court

requires that counsel inform Wise, in writing, of the right to
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Supreme

Court

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petition

the

of

the

United

States

for

further

review.

If Wise requests that a petition be filed, but counsel

believes that such a petition would be frivolous, then counsel
may

move

in

representation.

this

and

materials

legal
before

for

leave

to

withdraw

from

Counsel’s motion must state that a copy thereof

was served on Wise.
facts

court

We dispense with oral argument because the

contentions

are

adequately

this

and

argument

court

presented

would

not

in

the

aid

the

decisional process.
AFFIRMED

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