United States v. Hodge ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-4518
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JOSEPH LONNIE HODGE,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. N. Carlton Tilley, Jr.,
Chief District Judge. (CR-02-19)
Submitted: January 16, 2003 Decided: January 22, 2003
Before WILLIAMS, KING, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Matthew A. Victor, VICTOR, VICTOR & HELGOE, L.L.P., Charleston,
West Virginia, for Appellant. Anna Mills Wagoner, United States
Attorney, Lisa B. Boggs, Assistant United States Attorney,
Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Joseph L. Hodge pleaded guilty to violating the terms of his
supervised release. The district court entered an order revoking
Hodge’s supervised release, and sentencing him to eleven months
incarceration and twenty-five months of supervised release. Hodge’s
counsel has filed an appeal under Anders v. California, 386 U.S.
738 (1967), asserting Hodge was not competent to participate in the
proceeding. Hodge’s claim is meritless. Hodge cannot show he was
unable to rationally consult with his lawyer, or unable to
understand the proceeding against him. Dusky v. United States, 362
U.S. 402, 402 (1960) (per curiam)); United States v. Mason, 52 F.3d
1286, 1289 (4th Cir. 1995).
Accordingly, we affirm the district court order. United States
v. Hodge, No. CR-02-19 (M.D.N.C. July 2, 2002). In accordance with
Anders, we have reviewed the entire record in this case and find no
other meritorious issues for appeal. This court requires that
counsel inform his client, in writing, of his right to petition the
Supreme Court of the United States for further review. If the
client 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 the client.
AFFIRMED
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