United States v. Johnson , 182 F. App'x 241 ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-5026
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
AALIYAH C. JOHNSON,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Beckley. David A. Faber, Chief
District Judge. (CR-05-93)
Submitted: May 18, 2006 Decided: May 25, 2006
Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
G. Ernest Skaggs, SKAGGS & SKAGGS, Fayetteville, West Virginia, for
Appellant. Miller A. Bushong, III, Assistant United States
Attorney, Beckley, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Pursuant to her guilty plea, Aaliyah C. Johnson was
convicted of one count of possession with intent to distribute five
or more grams of cocaine base, in violation of 21 U.S.C.
§ 841(a)(1) (2000). The district court sentenced Johnson to fifty-
one months’ imprisonment. Johnson's counsel filed a brief pursuant
to Anders v. California, 386 U.S. 738 (1967), stating that there
were no meritorious issues for appeal, but raising one issue for
review: whether the district court erred by denying Johnson a
sentence reduction under U. S. Sentencing Guidelines Manual § 3E1.1
(2004) for acceptance of responsibility. Johnson was given the
opportunity to file a pro se supplemental brief, but did not do so.
After thoroughly reviewing the record, we affirm.
The district court determined that Johnson had not
accepted responsibility because she was arrested for driving under
the influence of alcohol after signing the plea agreement and two
days before pleading guilty, while she was on bond. Johnson
admitted to the conduct at the plea hearing. We find no clear
error in this ruling. See USSG § 3E1.1, comment. (n.1(b)); United
States v. Kise, 369 F.3d 766, 771 (4th Cir. 2004) (providing
standard); United States v. Ceccarani, 98 F.3d 126, 130-31 (3d Cir.
1996) (upholding the denial of acceptance of responsibility based
on new unrelated criminal conduct).
- 2 -
In accordance with Anders, we have reviewed the entire
record in this case for any other meritorious issue and have found
none. Accordingly, we affirm Johnson's conviction and sentence.
This court requires that counsel inform his client, in writing, of
her 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.
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
- 3 -