US v. Cedric Jenkin

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:13-cr-00487-NCT-2 Copies to all parties and the district court/agency. [999742393].. [15-4101]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-4101

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CEDRIC DEWIN JENKINS,
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. (1:13-cr-00487-NCT-2)

Submitted:

November 30, 2015

Decided:

January 27, 2016

Before NIEMEYER, MOTZ, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Stacey D. Rubain, QUANDER & RUBAIN, P.A., Winston-Salem, North
Carolina, for Appellant.
JoAnna Gibson McFadden, Assistant
United
States
Attorney,
Greensboro,
North
Carolina,
for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Cedric Dewin Jenkins appeals the 160-month sentence imposed
following his guilty plea to conspiracy to commit bank fraud, in
violation

of

18

U.S.C.

§ 1349

(2012).

On

appeal,

Jenkins’

counsel has filed a brief pursuant to Anders v. California, 386
U.S.

738

(1967),

certifying

that

there

are

no

meritorious

grounds for appeal but questioning whether Jenkins’ guilty plea
is valid and whether Jenkins’ sentence is reasonable. ∗
has

filed

district

a

supplemental

court

enhancements.

erred

pro

se

in

brief,

applying

asserting
various

Jenkins
that

the

sentencing

Finding no meritorious grounds for appeal, we

affirm.
Because Jenkins did not move to withdraw his guilty plea in
the district court, we review the validity of his plea for plain
error.
Cir.

United States v. Aplicano-Oyuela, 792 F.3d 416, 422 (4th
2015).

The

record

reveals

that

the

district

court

substantially complied with Fed. R. Crim. P. 11 in accepting
Jenkins’

plea.

The

court’s

Jenkins’ substantial rights.

minor

omissions

do

not

affect

See United States v. Davila, 133

∗

Jenkins’ attorney also questions the validity of the
appeal waiver in the plea agreement.
Because the Government
does not seek to enforce the waiver, and we will not enforce the
waiver sua sponte, we have reviewed the case in accordance with
Anders.
United States v. Poindexter, 492 F.3d 263, 271 (4th
Cir. 2007); see United States v. Jones, 667 F.3d 477, 486 (4th
Cir. 2012).

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S. Ct. 2139, 2147 (2013).

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Moreover, the district court ensured

that Jenkins’ plea was knowing, voluntary, and supported by an
adequate factual basis.

See United States v. DeFusco, 949 F.2d

114, 116, 119-20 (4th Cir. 1991).
We

also

conclude

that

Jenkins’

sentence

procedurally and substantively reasonable.

is

both

The record reveals

no clear error by the district court in applying a two-level
enhancement

for

leadership,

pursuant

to

U.S.

Sentencing

Guidelines Manual § 3B1.1(c) (U.S. Sentencing Comm’n 2013), and
a two-level enhancement for obstruction of justice, pursuant to
USSG § 3C1.1.

See United States v. Andrews, __ F.3d __, __,

2015 WL 6575671, at *2-3 (4th Cir. Oct. 30, 2015) (No. 14-4422)
(stating

standard

of

review

of

§ 3C1.1

enhancement);

United

States v. Steffen, 741 F.3d 411, 414 (4th Cir. 2013) (stating
standard

of

review

of

§ 3B1.1(c)

enhancement).

Nor

did

the

district court plainly err in applying a four-level enhancement
for the number of victims in the conspiracy, pursuant to USSG
§ 2B1.1(b)(2)(B)

(2013).

Thus,

the

district

court

properly

calculated the applicable Sentencing Guidelines range, and the
court appropriately explained the sentence in the context of the
relevant 18 U.S.C. § 3553(a) (2012) factors.
States,

552

U.S.

38,

51

(2007).

Moreover,

See Gall v. United
Jenkins’

within-

Guidelines sentence is presumptively substantively reasonable,
United States v. Louthian, 756 F.3d 295, 306 (4th Cir.), cert.
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denied,

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135

S.

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Ct.

421

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(2014),

and

Anders,

we

he

fails

to

rebut

that

presumption on appeal.
In

accordance

with

have

reviewed

the

entire

record in this case and have found no meritorious grounds for
appeal.

We therefore affirm the judgment of the district court.

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

If Jenkins 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 Jenkins.

We dispense with oral argument because

the facts and legal contentions are adequately presented in the
materials

before

this

court

and

argument

would

not

aid

the

decisional process.
AFFIRMED

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