US v. Freddie Jackson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:13-cr-01015-RBH-1 Copies to all parties and the district court/agency. [999501669]. [14-4587]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-4587

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FREDDIE JACKSON,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Florence. R. Bryan Harwell, District Judge.
(4:13-cr-01015-RBH-1)

Submitted:

December 22, 2014

Decided:

December 30, 2014

Before WYNN and DIAZ, Circuit Judges, and DAVIS, Senior Circuit
Judge.

Affirmed in part, dismissed in part by unpublished per curiam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

Michael A. Meetze, Assistant Federal Public Defender, Florence,
South Carolina, for Appellant.
Alfred William Walker Bethea,
Jr., Assistant United States Attorney, Florence, South Carolina,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Freddie Jackson appeals his conviction and the sixtymonth sentence imposed following his guilty plea to possession
with

intent

violation

to

of

distribute

21

U.S.C.

and

distribution

§ 841(a)(1),

of

cocaine,

(b)(1)(C)

in

(2012).

On

appeal, Jackson’s counsel filed a brief pursuant to Anders v.
California, 386 U.S. 738 (1967), asserting that there are no
meritorious
district

grounds

court

fully

for

appeal

complied

but
with

questioning
Federal

whether

Rule

Procedure 11 in accepting Jackson’s guilty plea.

of

the

Criminal

Counsel also

questions whether Jackson’s sentence is reasonable; however, he
concedes

that

we

issue.

Jackson

do
was

not

have

advised

jurisdiction

of

his

right

supplemental brief but did not file one.
grounds

for

appeal,

we

affirm

to
to

consider
file

a

that

pro

se

Finding no meritorious

Jackson’s

conviction.

To

the

extent that Jackson seeks to appeal his sentence, we dismiss
that portion of the appeal for lack of jurisdiction.
Jackson

first

questions

whether

erred in accepting his guilty plea.

the

district

court

Our review of the plea

hearing reveals that the district court substantially complied
with Federal Rule of Criminal Procedure 11 in conducting the
plea colloquy and committed no error warranting correction on

2

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plain error review. *
517,

532

(4th

Cir.

Pg: 3 of 4

See United States v. Martinez, 277 F.3d
2002).

Thus,

the

court

did

not

err

in

accepting Jackson’s knowing and voluntary guilty plea.
Turning to the appeal of Jackson’s sentence, counsel
correctly observes in the Anders brief that we lack jurisdiction
to consider such an appeal because Jackson entered a guilty plea
pursuant to Federal Rule of Criminal Procedure 11(c)(1)(C).

The

federal statute governing appellate review of a sentence limits
the circumstances under which a defendant may appeal a sentence
to which he stipulated in a Rule 11(c)(1)(C) plea agreement to
claims

that

violation

of

application

the

district

law

.

of

the

.

.

court
[or]

imposed

as

sentencing

a

the

result

sentence

of

an

Guidelines.”

“in

incorrect
18

U.S.C.

§ 3742(a)(1)-(2), (c) (2012); see United States v. Calderon, 428
F.3d 928, 932 (10th Cir. 2005).
less

than

the

applicable

Here, Jackson’s sentence was

statutory

maximum,

see

21

U.S.C.

§ 841(b)(1)(C), was not based upon the Sentencing Guidelines,
and was the sentence for which he bargained.

Thus, review of

his sentence is precluded by § 3742(c).
In accordance with Anders, we have reviewed the entire
record in this case and have found no meritorious issues for
*

We decline to sua sponte enforce Jackson’s waiver of
appellate rights in the plea agreement.
See United States v.
Blick, 408 F.3d 162, 168 (4th Cir. 2005).

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appeal.

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We therefore affirm Jackson’s conviction and dismiss

the appeal to the extent that he seeks review of his sentence.
This court requires that counsel inform Jackson, in writing, of
his right to petition the Supreme Court of the United States for
further review.

If Jackson requests that a petition be filed,

but counsel believes that such a petition would be frivolous,
counsel

may

move

representation.

in

this

court

for

leave

to

withdraw

from

Counsel’s motion must state that a copy thereof

was served on Jackson.

We dispense with oral argument because

the facts and legal conclusions are adequately presented in the
materials

before

this

court

and

argument

would

not

aid

the

decisional process.
AFFIRMED IN PART;
DISMISSED IN PART

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