US v. Andrew Atkinson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:11-cr-00063-NCT-2. Copies to all parties and the district court/agency. [999073019].. [12-4812]

Appeal: 12-4812

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-4812

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
ANDREW JULIAN ATKINSON,
Defendant - Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
N. Carlton Tilley,
Jr., Senior District Judge. (1:11-cr-00063-NCT-2)

Submitted:

March 19, 2013

Decided:

March 27, 2013

Before KING, GREGORY, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Stacey D. Rubain, QUANDER & RUBAIN, P.A., Winston-Salem, North
Carolina, for Appellant. Graham Tod Green, Assistant United
States Attorney, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
In accordance with a written plea agreement, Andrew
Julian Atkinson pled guilty to attempted armed bank robbery, 18
U.S.C. § 2113(d) (2006), and carrying and using, by brandishing,
a firearm during and in relation to a crime of violence, 18
U.S.C.

§ 924(c)(1)(A)(ii)

(2006).

He

sentence of sixty months in prison.
attorney

has

California,

filed

386

a

U.S.

brief
738

in

an

aggregate

Atkinson now appeals.
accordance

(1967),

meritorious issues for appeal.

received

stating

with

that

His

Anders

there

are

v.
no

Atkinson was notified of his

right to file a pro se brief, but has not filed such a brief.
Finding no error, we affirm.
Our review of the transcript of Atkinson’s Fed. R.
Crim.

P.

11

hearing

discloses

that

substantially complied with the Rule.
establishes

that

Atkinson

entered

the

district

court

Further, the transcript
his

plea

knowingly

voluntarily and that there was a factual basis for the plea.

and
We

therefore affirm the convictions.
Further, we conclude that the district court did not
abuse its discretion in imposing sentence.
States,

552

U.S.

38,

procedurally reasonable.

51

(2007).

First,

See Gall v. United
the

sentence

is

In this regard, the court correctly

calculated Atkinson’s Guidelines range, considered the relevant
18 U.S.C. § 3553(a) (2006) factors, and sufficiently explained
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the sentence, which encompassed both a downward departure and
the court’s grant of the Government’s 18 U.S.C. § 3553(e) (2006)
motion based on Atkinson’s substantial assistance.

Second, our

review of the sentencing transcript establishes that, based on
the

totality

of

the

circumstances,

the

sentence

is

free

of

substantive error.
In accordance with Anders, we have reviewed the entire
record in this case and have found no meritorious issues for
appeal.

We

sentence.

This court requires that counsel inform Atkinson, in

writing,

of

therefore

the

right

to

affirm

Atkinson’s

petition

United States for further review.

the

convictions

Supreme

Court

of

and

the

If Atkinson 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 of the motion was served on Atkinson.
We dispense with oral argument because the facts and
legal
before

contentions
the

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.
AFFIRMED

3