US v. Kevin McHaney

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 8:11-cr-02356-JMC-1 Copies to all parties and the district court. [999121517]. [12-4987]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-4987

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KEVIN JEROME MCHANEY, a/k/a Whoomp Dog,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Anderson.
J. Michelle Childs, District
Judge. (8:11-cr-02356-JMC-1)

Submitted:

May 30, 2013

Decided:

June 4, 2013

Before SHEDD, DIAZ, and THACKER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Margaret A. Chamberlain, CHAMBERLAIN LAW FIRM, Greenville, South
Carolina, for Appellee.
Alan Lance Crick, Assistant United
States Attorney, Greenville, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Kevin Jerome McHaney pled guilty pursuant to a written
plea

agreement

to

conspiracy

to

possess

with

intent

to

distribute five kilograms or more of cocaine and twenty-eight
grams or more of cocaine base.

On appeal, counsel files a brief

pursuant to Anders v. California, 386 U.S. 738 (1967), asserting
that there are no meritorious grounds for appeal, but raising
the

following

issue:

whether

the

district

court

erred

by

imposing a four-level enhancement for McHaney’s leadership role
in the offense under U.S. Sentencing Guidelines Manual (“USSG”)
§ 3B1.1(a) (2011).
Generally

For the reasons that follow, we affirm.
we

review

a

sentence

under

a

deferential

abuse-of-discretion standard, Gall v. United States, 552 U.S.
38,

51

(2007),

and

review

sentencing

adjustments

defendant’s role in the offense for clear error.
v.

Sayles,

296

F.3d

219,

224

(4th

Cir.

based

on

a

United States

2002).

Under

USSG

§ 3B1.1(a), a four-level increase is warranted if “the defendant
was an organizer or leader of a criminal activity that involved
five or more participants or was otherwise extensive.”

Here,

McHaney stipulated to this enhancement in his plea agreement,
which is supported by the factual record.
At
Government’s

sentencing,
motion

for

a

McHaney
downward

benefitted
departure

assistance, which the district court granted.
2

for

from

the

substantial

Thus, McHaney was

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sentenced to 180 months of imprisonment, far below his correctly
calculated

Sentencing

Guidelines

range

of

292-365

months

of

imprisonment and the statutory minimum sentence of 20 years.

We

find no reversible error in the district court’s application of
the

USSG

§ 3B1.1(a)

stipulation.
(4th

Cir.

enhancement,

especially

in

light

of

the

See United States v. Cameron, 573 F.3d 179, 184

2009)

(listing

factors

to

be

considered

for

the

enhancement); USSG § 3B1.1, cmt. n.4.
In accordance with Anders, we have reviewed the record
in this case and have found no meritorious issues for appeal. ∗
We therefore affirm McHaney’s conviction and sentence.

This

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

If McHaney 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 McHaney.

We dispense with oral argument because

the facts and legal contentions are adequately presented in the

∗

Despite notice, McHaney did not file a pro se supplemental

brief.

3

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materials

before

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this

court

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and

argument

would

not

aid

the

decisional process.

AFFIRMED

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