United States v. Tollison , 210 F. App'x 302 ( 2006 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 06-4440
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    TOM TOLLISON, a/k/a Thomas C. Tollison,
    Defendant - Appellant.
    Appeal from the United States District Court for the District of
    South Carolina, at Greenville. Henry F. Floyd, District Judge.
    (6:05-cr-707)
    Submitted: December 21, 2006               Decided: December 29, 2006
    Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    David B. Betts, Columbia, South Carolina, for Appellant. Regan
    Alexandra Pendleton, Assistant United States Attorney, Greenville,
    South Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Tom    Tollison   appeals   his   conviction   and   sentence
    following a guilty plea to conspiracy to distribute 50 grams or
    more of methamphetamine and 500 grams or more of a mixture or
    substance containing methamphetamine, in violation of 
    18 U.S.C. § 841
    (a)(1)(2000). Tollison’s attorney on appeal has filed a brief
    pursuant to Anders v. California, 
    386 U.S. 738
     (1967), stating that
    there are no meritorious issues for appeal, but raising as a
    potential issue whether the district court complied with Fed. R.
    Crim. P. 11 in accepting Tollison’s guilty plea.           Tollison was
    advised of his right to file a pro se supplemental brief, but has
    not done so.      Finding no reversible error, we affirm.
    Counsel raises the issue of whether the district court
    fully complied with Rule 11, but identifies no error in the Rule 11
    proceeding and concludes that there was full compliance with the
    Rule.     After a thorough review of the record, we similarly find
    that the district court complied with the requirements of Rule 11.
    In accordance with Anders, we have reviewed the entire
    record in this case and have found no meritorious issues for
    appeal.    We therefore affirm Tollison’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
    - 2 -
    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: 06-4440

Citation Numbers: 210 F. App'x 302

Judges: Niemeyer, Williams, King

Filed Date: 12/29/2006

Precedential Status: Non-Precedential

Modified Date: 11/5/2024