US v. Marcus Justin Bower

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:14-cr-00038-RLV-DSC-1 Copies to all parties and the district court/agency. [999829987].. [15-4723]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-4723

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARCUS JUSTIN BOWERS,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Statesville.
Richard L.
Voorhees, District Judge. (5:14-cr-00038-RLV-DSC-1)

Submitted:

May 12, 2016

Decided:

May 23, 2016

Before MOTZ, DUNCAN, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

James S. Weidner, Jr., LAW OFFICE OF JAMES STEPHENS WEIDNER,
JR., Charlotte, North Carolina, for Appellant.
Amy Elizabeth
Ray,
Assistant
United
States
Attorney,
Asheville,
North
Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Marcus

Justin

Bowers

written

plea

agreement

possess

with

intent

pled

to

to

guilty

accordance

with

to

distribute

and

conspiracy

distribute

§§ 841(a)(1), 846 (2012).

in

cocaine

base,

21

a
to

U.S.C.

The parties stipulated that Bowers

was responsible for at least 280 grams but less than 840 grams
of the drug.
months.

Bowers’ Guidelines sentencing range was 140-175

The district court granted the Government’s motion for

downward departure based on Bowers’ substantial assistance * and
sentenced Bowers to 120 months in prison.

Bowers now appeals.

His attorney has filed a brief in accordance with Anders v.
California, 386 U.S. 738 (1967), questioning the reasonableness
of the sentence, but concluding that there are no meritorious
issues for appeal.

Bowers was advised of the right to file a

pro se brief but has not filed such a brief.

We affirm.

After careful consideration of the record, we conclude that
the

district

court

considered

the

arguments

of

18

properly
U.S.C.

the

assessment

Bowers’

that

claim

authorized
*

lacks

§ 3553(a)

parties,

individualized

his

merit:

calculated

and

based
sentence
he

on
is

the

(2012)

Guidelines
factors

provided
the

facts

greater

received

a

the

and

the

sufficiently
of

than

the

case.

statutorily

statutory

U.S. Sentencing Guidelines Manual § 5K1.1 (2014).

2

range,

minimum

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sentence of 120 months.

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See 21 U.S.C. § 841(b)(1)(A).

Further,

there is no merit to Bowers’ contention that that his criminal
history score was incorrectly calculated.
that

the

120-month

Additionally,
sentence

given

is

sentence
the

is

totality

substantively

We therefore conclude

procedurally
of

the

reasonable.

reasonable.

circumstances,
See

Gall

v.

the

United

States, 552 U.S. 38, 51 (2007); United States v. Carter, 564
F.3d 325, 330 (4th Cir. 2009).
Pursuant to Anders, we have reviewed the entire record and
have found no meritorious issues for appeal.
affirm the district court’s judgment.

Accordingly, we

This court requires that

counsel inform Bowers, in writing, of the right to petition the
Supreme

Court

of

the

United

States

for

further

review.

If

Bowers 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
Bowers.
legal
before

We dispense with oral argument because the facts and

contentions
this

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.

AFFIRMED

3