US v. Shakeam Bernabela


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:13-cr-00263-RJC-DCK-16. Copies to all parties and the district court. [1000015601].. [16-4497]

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Appeal: 16-4497 Doc: 22 Filed: 02/02/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-4497 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SHAKEAM DYRELL BERNABELA, a/k/a King B, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert J. Conrad, Jr., District Judge. (3:13-cr-00263-RJC-DCK-16) Submitted: January 31, 2017 Decided: February 2, 2017 Before WILKINSON, KEENAN, and THACKER, Circuit Judges. Affirmed by unpublished per curiam opinion. Laura E. Beaver, BEAVER LAW FIRM, Raleigh, 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 Unpublished opinions are not binding precedent in this circuit.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: 16-4497 Doc: 22 Filed: 02/02/2017 Pg: 2 of 3 PER CURIAM: Shakeam Dyrell Bernabela pled guilty pursuant to a plea agreement to one count each of conspiracy to distribute and possess with the intent to distribute cocaine and cocaine base, in violation of 21 U.S.C. §§ 841(b)(1)(A), (B), 846 (2012), and he was sentenced to 151 months in prison. Bernabela’s counsel has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), suggesting that Bernabela’s plea was unknowing and involuntary and that his sentence is explaining why those arguments lack merit. unreasonable, but Bernabela has not filed a pro se supplemental brief, despite receiving notice of his right to do so, and the Government has declined to file a responsive brief. We reject unknowing and We affirm. Bernabela’s involuntary. suggestion The that magistrate his plea judge, to was whose jurisdiction Bernabela consented, complied with Fed. R. Crim. P. 11 in conducting Bernabela’s plea hearing, and we discern no basis for questioning Bernabela’s guilty the knowing plea. We and voluntary thus affirm basis for Bernabela’s convictions. Because Bernabela did not object to his career offender status in the district court, we review this issue for plain error. To be See United States v. Olano, 507 U.S. 725, 731-32 (1993). a career offender, Bernabela 2 must have been at least Appeal: 16-4497 Doc: 22 eighteen years Filed: 02/02/2017 old at the Pg: 3 of 3 time of the instant offense of conviction, the instant offense must be a felony that is a crime of violence or a controlled substance offense, and Bernabela must have at least two prior felony convictions that are either crimes of violence or controlled substance offenses. Sentencing Guidelines Manual § 4B1.1. See U.S. Our review of the record confirms that Bernabela was properly adjudged a career offender based on his prior convictions for controlled substance offenses. In accordance with Anders, we have reviewed the entire record and have found no meritorious issues for appeal. therefore affirm Bernabela’s convictions and sentence. We This court requires that counsel inform Bernabela, in writing, of the right to petition the Supreme Court of the United States for further review. If Bernabela 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 Bernabela. 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

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