United States v. Quinton Lester ( 2018 )


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  •                                     UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 18-4344
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    QUINTON TYRELL LESTER,
    Defendant - Appellant.
    Appeal from the United States District Court for the Middle District of North Carolina, at
    Greensboro. William L. Osteen, Jr., District Judge. (1:17-cr-00317-WO-1)
    Submitted: November 19, 2018                                Decided: December 18, 2018
    Before KING and THACKER, Circuit Judges, and HAMILTON, Senior Circuit Judge.
    Affirmed by unpublished per curiam opinion.
    Louis C. Allen, Federal Public Defender, Kathleen A. Gleason, Assistant Federal Public
    Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Greensboro, North
    Carolina, for Appellant. Kelley Patricia Kennedy Gates, Special Assistant United States
    Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North
    Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    In accordance with a written plea agreement, Quinton Tyrell Lester pled guilty to
    possession of a firearm by a convicted felon, 
    18 U.S.C. § 922
    (g)(1) (2012), and was
    sentenced to 78 months in prison. Lester appeals. His attorney has filed a brief in
    accordance with Anders v. California, 
    386 U.S. 738
     (1967), questioning whether the
    sentence is reasonable but stating that there are no meritorious issues for appeal. Lester
    was advised of his right to file a pro se brief but has not filed such a brief. We affirm.
    The district court properly calculated Lester’s Guidelines range, considered the 
    18 U.S.C. § 3553
    (a) (2012) sentencing factors and the arguments of the parties, and
    provided a sufficiently individualized assessment based on the facts of the case. In
    imposing sentence, the court remarked that Lester, armed with a loaded handgun,
    returned to a business from which he had stolen the previous day. Additionally, Lester
    attempted to flee from officers who were called to the scene. Lester’s within-Guidelines
    sentence is presumptively reasonable, and Lester failed to rebut the presumption. See
    Gall v. United States, 
    552 U.S. 38
    , 51 (2007); United States v. Carter, 
    564 F.3d 325
    , 330
    (4th Cir. 2009).
    Pursuant to Anders, we have reviewed the entire record and have found no
    meritorious issues for appeal. Accordingly, we affirm Lester’s conviction and sentence.
    This court requires that counsel inform Lester, in writing, of the right to petition the
    Supreme Court of the United States for further review. If Lester 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
    2
    state that a copy thereof was served on Lester. 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
    

Document Info

Docket Number: 18-4344

Filed Date: 12/18/2018

Precedential Status: Non-Precedential

Modified Date: 12/18/2018