United States v. Harrington , 82 F. App'x 841 ( 2003 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 03-4512
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    SAMUEL BRISTOL HARRINGTON,
    Defendant - Appellant.
    Appeal from the United States District Court for the Middle
    District of North Carolina, at Durham. William L. Osteen, District
    Judge. (CR-02-72)
    Submitted:   November 24, 2003         Decided:     December 18, 2003
    Before WILLIAMS, SHEDD, and DUNCAN, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Louis C. Allen III, Federal Public Defender, John A. Dusenbury,
    Jr., Assistant Federal Public Defender, Greensboro, North Carolina,
    for Appellant.    Randall Stuart Galyon, 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    Unpublished opinions are not binding precedent in this circuit.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:
    Samuel Bristol Harrington pled guilty to distributing 54.3
    grams of crack cocaine, in violation of 
    21 U.S.C. § 841
    (a)(1)
    (2000).    The district court sentenced Harrington to 298 months of
    imprisonment, to be followed by a five-year term of supervised
    release.    (R. 17).   In his plea agreement, Harrington waived the
    right to appeal his conviction and sentence, except on the grounds
    of ineffective assistance of counsel, prosecutorial misconduct
    unknown at the time of the guilty plea, and a sentence in excess of
    the statutory maximum or based on an unconstitutional factor, such
    as race, religion, ethnicity, or gender.
    Harrington’s counsel filed a brief pursuant to Anders v.
    California,   
    386 U.S. 738
        (1967),   stating   that   there   were   no
    meritorious grounds for appeal but raising the issue of whether the
    district court erred in sentencing Harrington to 298 months of
    imprisonment.   Harrington was advised of his right to file a pro se
    supplemental brief but has declined to do so.         We have reviewed the
    record and conclude that Harrington knowingly and voluntarily
    waived the right to appeal his sentence and that none of the
    exceptions to Harrington’s waiver of his appellate rights are
    applicable in this case.         See United States v. Wessels, 
    936 F.2d 165
    , 168 (4th Cir. 1991); United States v. Wiggins, 
    905 F.2d 51
    , 53
    (4th Cir. 1990).
    2
    In    accordance   with   the   requirements       of   Anders,    we   have
    reviewed    the   entire   record    in   this   case   and   have     found   no
    meritorious issues for appeal. Accordingly, we affirm Harrington’s
    conviction and sentence.       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.
    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
    

Document Info

Docket Number: 03-4512

Citation Numbers: 82 F. App'x 841

Judges: Williams, Shedd, Duncan

Filed Date: 12/18/2003

Precedential Status: Non-Precedential

Modified Date: 11/6/2024