United States v. Carter , 52 F. App'x 212 ( 2002 )


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  •                           UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    UNITED STATES OF AMERICA,              
    Plaintiff-Appellee,
    v.                               No. 02-4532
    TITUS ONASSIS CARTER,
    Defendant-Appellant.
    
    Appeal from the United States District Court
    for the District of South Carolina, at Spartanburg.
    Henry M. Herlong, Jr., District Judge.
    (CR-97-740)
    Submitted: November 21, 2002
    Decided: December 12, 2002
    Before WILKINS, LUTTIG, and GREGORY, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    COUNSEL
    Benjamin T. Stepp, Assistant Federal Public Defender, Greenville,
    South Carolina, for Appellant. David Calhoun Stephens, Assistant
    United States Attorney, Greenville, South Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit. See
    Local Rule 36(c).
    2                      UNITED STATES v. CARTER
    OPINION
    PER CURIAM:
    Titus Onassis Carter appeals his six-month sentence imposed for
    violations of his supervised release. Carter’s counsel has filed a brief
    in accordance with Anders v. California, 
    386 U.S. 738
     (1967), repre-
    senting that, in his view, there are no meritorious issues for appeal.
    Carter, notified of his right to file a pro se supplemental brief, has not
    done so. Discerning no error in the record below, we affirm.
    In 1998, Carter pled guilty to bank embezzlement, in violation of
    
    18 U.S.C. § 656
     (2000), and was sentenced to two months imprison-
    ment followed by five years of supervised release. In 2002, Carter’s
    probation officer petitioned the district court, asserting four violations
    of supervised release. Carter conceded the violations. The district
    court imposed a sentence of six months imprisonment, within the
    Guidelines range. U.S. Sentencing Guidelines Manual § 7B1.4(a)
    (2000).
    This court reviews a sentence imposed after revocation of super-
    vised release for abuse of discretion. United States v. Davis, 
    53 F.3d 638
    , 642-43 (4th Cir. 1995). Here, Carter conceded the violations and
    the sentence was within the proposed range. Sentencing was in accor-
    dance with the relevant statutory provision, 
    18 U.S.C. § 3583
    (e)(3)
    (2000).
    Pursuant to Anders, this court has reviewed the record for revers-
    ible error and found none. We therefore affirm the sentence imposed
    by the district court following revocation of Carter’s supervised
    release. This court requires that counsel inform his client, in writing,
    of his right to petition the Supreme Court of the United States for fur-
    ther review. If the client requests that a petition be filed, but counsel
    believes such a petition would be frivolous, then counsel may move
    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 argu-
    ment would not aid the decisional process.
    AFFIRMED
    

Document Info

Docket Number: 02-4532

Citation Numbers: 52 F. App'x 212

Judges: Wilkins, Luttig, Gregory

Filed Date: 12/12/2002

Precedential Status: Non-Precedential

Modified Date: 11/6/2024