US v. Vernon Bame, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:15-cr-00082-JAB-1. Copies to all parties and the district court. [999879402]. [15-4606]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-4606

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
VERNON WADE BAME, JR.,
Defendant - Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. James A. Beaty, Jr.,
Senior District Judge. (1:15-cr-00082-JAB-1)

Submitted:

May 31, 2016

Decided:

July 6, 2016

Before MOTZ, KEENAN, and HARRIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Louis C. Allen, Federal Public Defender, Mireille P. Clough,
Assistant
Federal
Public
Defender,
Winston-Salem,
North
Carolina, for Appellant. Terry Michael Meinecke, Assistant
United
States
Attorney,
Greensboro,
North
Carolina,
for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Vernon Wade Bame, Jr., pled guilty pursuant to a written
plea agreement to one count of possession of a firearm by a
felon in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2) (2012).
The district court sentenced him to 60 months’ imprisonment, to
be followed by three years of supervised release.

On appeal,

Bame’s

Anders

counsel

California,

386

has

filed

U.S.

738

a

brief

(1967),

pursuant

stating

that

to

there

v.

are

no

meritorious grounds for appeal but questioning whether Bame’s
prior

North

Carolina

convictions

were

punishable

by

a

term

exceeding one year, and whether his sentence is procedurally
reasonable.

Bame was informed of his right to file a pro se

supplemental brief, but has not done so.
In accordance with Anders, we have reviewed the record in
this

case

and

have

found

no

meritorious

grounds

for

appeal.

Bame’s assertion that his prior convictions were not punishable
for

a

term

exceeding

one

year

is

foreclosed

by

our

recent

decision in United States v. Barlow, 811 F.3d 133 (4th Cir.
2015), cert. denied, __ S. Ct. __, 2016 WL 1465057 (U.S. May 16,
2016) (No. 15-4114).
court

did

not

err

Moreover, in light of Barlow, the district
in

calculating

Bame’s

base

offense

level

pursuant to U.S. Sentencing Guidelines Manual § 2K2.1(a)(4)(A)
(2014), and his sentence is procedurally reasonable.

2

See Gall

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v.

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United

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States,

552

U.S.

Pg: 3 of 3

38,

51

(2007).

Accordingly,

we

affirm the district court’s judgment.
This court requires that counsel inform Bame, in writing,
of the right to petition the Supreme Court of the United States
for further review.

If Bame 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 Bame.
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

3