US v. Shakeam Bernabela

Filing

UNPUBLISHED PER CURIAM OPINION filed.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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UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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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
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must

have

been

at

least

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eighteen

years

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old

at

the

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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
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