United States v. Teresa Marible , 541 F. App'x 254 ( 2013 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 13-4393
    UNITED STATES OF AMERICA,
    Plaintiff – Appellee,
    v.
    TERESA MARIBLE,
    Defendant - Appellant.
    Appeal from the United States District Court for the Western
    District of North Carolina, at Charlotte.   Frank D. Whitney,
    Chief District Judge. (3:11-cr-00205-FDW-1)
    Submitted:   September 24, 2013            Decided:   September 26, 2013
    Before NIEMEYER and      THACKER,   Circuit    Judges,   and   HAMILTON,
    Senior Circuit Judge.
    Affirmed by unpublished per curiam opinion.
    Tony E. Rollman, Enka, North Carolina, for Appellant.   Amy
    Elizabeth Ray, Assistant United States Attorney, Asheville,
    North Carolina; Kellie Hamby Ferry, Assistant United States
    Attorney, Benjamin Bain-Creed, OFFICE OF THE UNITED STATES
    ATTORNEY, Charlotte, North Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Teresa Marible appeals her conviction and thirty-six-
    month sentence following her guilty plea to conspiracy to commit
    health care fraud, in violation of 18 U.S.C. § 1349 (2006).                                   In
    accordance     with       Anders     v.    California,          
    386 U.S. 738
      (1967),
    Marible’s counsel has filed a brief certifying that there are no
    meritorious issues for appeal but questioning whether Marible’s
    trial counsel rendered ineffective assistance during Marible’s
    plea and sentencing proceedings by failing to investigate her
    case,    failing     to    challenge       the      forfeiture        of    a    vehicle,    and
    misadvising her about the possibility of release on bond before
    sentencing.      Marible has declined to file a supplemental brief.                           We
    affirm.
    In the absence of conclusive evidence of ineffective
    assistance      of    counsel      on     the    face      of   the    record,      Marible’s
    claims are not cognizable on direct appeal.                                United States v.
    Powell, 
    680 F.3d 350
    , 359 (4th Cir.), cert. denied, 
    133 S. Ct. 376
      (2012).        Rather,       “[c]laims        of     ineffective          assistance    of
    counsel are normally raised before the district court via 28
    U.S.C.    §   2255[.]”         
    Id. (internal quotation
             marks   omitted);
    United    States     v.    Baptiste,       
    596 F.3d 214
    ,      216    n.1    (4th    Cir.
    2010).    Because the record does not conclusively establish that
    counsel rendered ineffective assistance during the proceedings
    2
    in   the     district       court,        we    decline     to      address    Marible’s
    ineffective assistance claims on direct appeal.
    In accordance with Anders, we have reviewed the entire
    record     and    have    found      no   meritorious      issues    for   appeal.        We
    therefore        affirm   the     district      court’s     judgment.         This     court
    requires that counsel inform Marible, in writing, of her right to
    petition the Supreme Court of the United States for further review.
    If Marible requests that a petition be filed, but counsel believes
    that such a petition would be frivolous, counsel may move in this
    court for leave to withdraw from representation.                      Counsel’s motion
    must state that a copy thereof was served on Marible.                         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 in the decisional process.
    AFFIRMED
    3
    

Document Info

Docket Number: 13-4393

Citation Numbers: 541 F. App'x 254

Judges: Niemeyer, Thacker, Hamilton

Filed Date: 9/26/2013

Precedential Status: Non-Precedential

Modified Date: 10/19/2024