US v. Ariel Molina-Hernandez

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:12-cr-00134-WO-1. Copies to all parties and the district court/agency. [999076668]. [12-4800]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-4800

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ARIEL GIOVANI MOLINA-HERNANDEZ, a/k/a Jonathan Nol Terron,
Defendant - Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
William L. Osteen,
Jr., Chief District Judge. (1:12-cr-00134-WO-1)

Submitted:

March 28, 2013

Decided:

April 1, 2013

Before NIEMEYER, KING, and KEENAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Todd Allen Smith, LAW OFFICE OF TODD ALLEN SMITH, Graham, North
Carolina, for Appellant.
Clifton Thomas Barrett, Assistant
United
States
Attorney,
Greensboro,
North
Carolina,
for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Ariel
violating

the

sentenced

Giovani
terms

to

of

twelve

Molina-Hernandez
his

supervised

months

of

pled

release

imprisonment

guilty

order
to

and

be

to
was

served

consecutively with his fifty-seven-month sentence imposed on the
same day for other federal crimes.

Molina-Hernandez’s counsel

filed a brief pursuant to Anders v. California, 386 U.S. 738
(1967), stating his opinion that there are no meritorious issues
for appeal, but questioning whether the district court properly
ran Molina-Hernandez’s sentence consecutive to his other federal
sentence. Molina-Hernandez was notified of his right to file a
pro

se

supplemental

brief

but

has

failed

to

do

Government has declined to file a responsive brief.
Because
seven-month

Molina-Hernandez

federal

sentence,

the

was

also

district

so.

We affirm.

serving
court

The

a

fifty-

imposed

his

twelve-month supervised release sentence to run consecutively,
as

recommended

by

the

Sentencing

Guidelines.

See

U.S.

Sentencing Guidelines Manual (“USSG”) § 7B1.3(f), p.s. (2011)
(recommending
supervised

a

consecutive

release

when

sentence

also

serving

for

revocation

another

of

sentence).

Moreover, we note that Molina-Hernandez’s twelve-month sentence
was within his correctly calculated advisory Guidelines range
for

a

Grade

B

violation

of

his

criminal history category of II.

supervised

release

See USSG § 7B1.4, p.s.
2

and

his

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In accordance with Anders, we have reviewed the record
in this case and have found no meritorious issues for appeal.
We therefore affirm Molina-Hernandez’s conviction and sentence.
This

court

writing,

of

requires
the

that

right

to

counsel
petition

United States for further review.
that

a

petition

be

filed,

inform

but

the

Molina-Hernandez,
Supreme

Court

of

in
the

If Molina-Hernandez requests
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 Molina-Hernandez.
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

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