US v. Raymond Asberry

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 6:11-cr-02200-TMC-1 Copies to all parties and the district court/agency. [999901135].. [16-4075]

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Appeal: 16-4075 Doc: 19 Filed: 08/01/2016 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-4075 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RAYMOND C. ASBERRY, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Greenville. Timothy M. Cain, District Judge. (6:11-cr-02200-TMC-1) Submitted: July 28, 2016 Before MOTZ and Circuit Judge. HARRIS, Decided: Circuit Judges, and August 1, 2016 DAVIS, Senior Affirmed by unpublished per curiam opinion. Lora Blanchard, Assistant Federal Public Defender, Greenville, South Carolina, for Appellant. William Jacob Watkins, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-4075 Doc: 19 Filed: 08/01/2016 Pg: 2 of 3 PER CURIAM: Raymond imposed by C. the Asberry appeals district court supervised release. the fourteen-month upon revocation of sentence Asberry’s On appeal, Asberry’s 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 the district Asberry’s revocation sentence. court adequately explained Although notified of his right to do so, Asberry has not filed a pro se supplemental brief. Our review of the record reveals no error court’s explanation of Asberry’s sentence. Webb, 738 F.3d 638, 640 (4th Cir. in the district See United States v. 2013); United States v. Thompson, 595 F.3d 544, 547 (4th Cir. 2010). In accordance with Anders, we have reviewed the entire record in this case and have found no meritorious issues for appeal. judgment. writing, We therefore affirm the district court’s revocation This court requires that counsel inform Asberry, in of the right to petition United States for further review. the Supreme Court of the If Asberry 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 Asberry. We dispense with oral argument because the facts and legal contentions are 2 Appeal: 16-4075 Doc: 19 adequately Filed: 08/01/2016 presented in the Pg: 3 of 3 materials before this court and argument would not aid the decisional process. AFFIRMED 3

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