United States v. Williams , 209 F. App'x 326 ( 2006 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 06-4478
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    QUENTIN VIRGIL WILLIAMS,
    Defendant - Appellant.
    Appeal from the United States District Court for the Middle
    District of North Carolina, at Durham. William L. Osteen, Senior
    District Judge. (1:03-cr-00024-WLO)
    Submitted:   November 17, 2006         Decided:     December 13, 2006
    Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Affirmed by unpublished per curiam opinion.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. Angela Hewlett Miller, OFFICE OF THE UNITED STATES
    ATTORNEY, Greensboro, North Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Following a hearing at which Quentin Virgil Williams
    admitted to violating conditions of his supervised release, the
    district court revoked his supervised release and sentenced him to
    twenty-four months in prison. Williams appealed. His attorney has
    filed a brief pursuant to Anders v. California, 
    366 U.S. 738
    (1967), asserting his opinion that there are no meritorious grounds
    for appeal but raising the issue of whether the district court
    erred in imposing a twenty-four month sentence. The Government did
    not file a reply brief, and although advised of his right to do so,
    Williams did not file a pro se supplemental brief.                     Finding no
    reversible error, we affirm.
    We recently held in United States v. Crudup, 
    461 F.3d 433
    (4th   Cir.    2006),     that   we   review     sentences   imposed      upon   the
    revocation of supervised release to determine whether the sentence
    is “plainly unreasonable.”            In this case, Williams’s sentence was
    not above the statutory maximum of two years of imprisonment, the
    court considered the Chapter 7 advisory policy statement range, and
    the court stated a proper basis for sentencing Williams to twenty-
    four   months    of     imprisonment.      See    Crudup,    
    461 F.3d at 437
    .
    Specifically      the    court   noted     Williams’s    poor      adjustment     to
    supervised release and his repeated violations. Because Williams’s
    sentence was neither procedurally nor substantively unreasonable,
    we find that his sentence is not plainly unreasonable.
    - 2 -
    In accordance with Anders, we have reviewed the record in
    this case and have found no meritorious issues for appeal.            We
    therefore   affirm.     This   court   requires   that   counsel   inform
    Williams, in writing, of the right to petition the Supreme Court of
    the United States for further review.     If Williams 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 Williams.          We dispense with oral
    argument because the facts and legal contentions are adequately set
    forth in the materials before the court and argument would not aid
    the decisional process.
    AFFIRMED
    - 3 -
    

Document Info

Docket Number: 06-4478

Citation Numbers: 209 F. App'x 326

Judges: Niemeyer, Motz, Hamilton

Filed Date: 12/13/2006

Precedential Status: Non-Precedential

Modified Date: 11/5/2024