US v. Samuel Vinci, Jr.


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:15-cr-00041-RLV-DCK-1 Copies to all parties and the district court/agency. [999939819].. [16-4087]

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Appeal: 16-4087 Doc: 23 Filed: 10/03/2016 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-4087 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SAMUEL HENRY VINCI, JR., Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:15-cr-00041-RLV-DCK-1) Submitted: September 29, 2016 Decided: October 3, 2016 Before SHEDD, KEENAN, and HARRIS, Circuit Judges. Affirmed by unpublished per curiam opinion. Leslie Carter Rawls, 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 Unpublished opinions are not binding precedent in this circuit. Appeal: 16-4087 Doc: 23 Filed: 10/03/2016 Pg: 2 of 3 PER CURIAM: Samuel Henry Vinci, Jr., pled guilty, pursuant to a written plea agreement, to enticement of a minor to engage in sexual activity, in violation of 18 U.S.C. § 2422(b) (2012). The district court sentenced Vinci to 235 months’ imprisonment, a sentence at the bottom of the applicable Sentencing Guidelines range. Counsel California, 386 has U.S. filed 738 a brief (1967), meritorious grounds for appeal. pursuant stating to that Anders there v. are no Although notified of his right to do so, Vinci has not filed a pro se brief. In accordance with Anders, we have reviewed the entire record in this case and have found no meritorious issues for appeal. court Before accepting conducted a Vinci’s thorough plea guilty plea, colloquy, the district satisfying the requirements of Fed. R. Crim. P. 11 and ensuring that Vinci’s plea was knowing, voluntary, and supported by an independent factual basis. (4th Cir. See United States v. DeFusco, 949 F.2d 114, 116 1991). We discern no procedural error in the sentencing process, see Gall v. United States, 552 U.S. 38, 51 (2007), and Vinci does not rebut our appellate presumption that his within-Guidelines sentence is substantively reasonable, see United States v. Louthian, 756 F.3d 295, 306 (4th Cir. 2014). We therefore affirm Vinci’s conviction and sentence. This court requires that counsel inform Vinci, in writing, of the 2 Appeal: 16-4087 Doc: 23 Filed: 10/03/2016 Pg: 3 of 3 right to petition the Supreme Court of the United States for further review. If Vinci requests that a petition be filed, but counsel believes that such a petition would be frivolous, then counsel may move representation. in this court for leave to withdraw from Counsel’s motion must state that a copy thereof was served on Vinci. We dispense with oral argument because the facts and materials legal before contentions are adequately this and argument court presented would not in the aid the decisional process. AFFIRMED 3

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