United States v. McNally , 381 F. App'x 274 ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6928
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TERRENCE MAURICE MCNALLY,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Spartanburg. Henry M. Herlong, Jr., Senior
District Judge. (7:07-cr-00939-HMH-1)
Submitted: June 1, 2010 Decided: June 4, 2010
Before GREGORY, SHEDD, and KEENAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jessica Salvini, SALVINI & BENNETT, LLC, Greenville, South
Carolina, for Appellant. Maxwell B. Cauthen, III, Assistant
United States Attorney, Greenville, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Terrence Maurice NcNally pled guilty to being a felon
in possession of a firearm (Count 1), 18 U.S.C. § 922(g)(1)
(2006), and possession with intent to distribute marijuana
(Count 2), 21 U.S.C. § 841(a)(1) (2006). McNally was sentenced
to a total of ninety-two months of imprisonment (ninety-two
months for Count 1 and sixty months concurrent for Count 2).
His ninety-two month sentence was the bottom of his properly-
calculated advisory Sentencing Guidelines range. On appeal,
counsel has filed a brief pursuant to Anders v. California, 386
U.S. 738 (1967), asserting there are no meritorious grounds for
appeal, but raising one issue: whether the district court erred
by denying McNally’s motion to suppress evidence found as a
result of the search of his home. For the reasons that follow,
we affirm.
As conceded by appellate counsel, however, McNally is
barred from contesting the denial of his suppression motion as a
result of his guilty plea. ∗ When a defendant pleads guilty, he
waives all nonjurisdictional defects in the proceedings
conducted prior to entry of the plea. United States v. Bundy,
392 F.3d 641, 644 (4th Cir. 2004). When a criminal defendant
∗
We note that McNally could have attempted to negotiate a
conditional plea, reserving the right to appeal the suppression
issue. See Fed. R. Crim. P. 11(a)(2).
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enters a guilty plea, he may not thereafter raise independent
claims relating to the deprivation of constitutional rights that
occurred prior to the entry of the guilty plea. Blackledge v.
Perry, 417 U.S. 21, 29-30 (1974).
In accordance with Anders, we have reviewed the record
in this case and have found no meritorious issues for appeal.
We therefore affirm McNally’s convictions and sentence. This
court requires that counsel inform McNally in writing, of the
right to petition the Supreme Court of the United States for
further review. If McNally 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 McNally. We dispense with oral argument because
the facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the
decisional process.
AFFIRMED
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