United States v. Garrett ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-5048
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
VAN ROBALA GARRETT,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, District
Judge. (2:03-cr-00059-RBS)
Submitted: April 30, 2007 Decided: May 25, 2007
Before WILKINSON, MICHAEL, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Brian Gay, GAY & CIPRIANO, P.C., Virginia Beach, Virginia, for
Appellant. Joseph L. Kosky, OFFICE OF THE UNITED STATES ATTORNEY,
Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Van Robala Garrett pled guilty to violating his
supervised release and was sentenced to twenty-four months of
imprisonment. On appeal, counsel has filed a brief under Anders v.
California, 386 U.S. 738 (1967), alleging that there are no
meritorious claims on appeal but raising the following issue:
whether Garrett’s sentence was erroneous. Because we find that
Garrett’s sentence is not plainly unreasonable, United States v.
Crudup, 461 F.3d 433, 437 (4th Cir. 2006) (stating review
standard), cert. denied, 127 S. Ct. 1813 (2007), this claim fails.
We have examined the entire record in this case in accordance
with the requirements of Anders, including the issues raised in
Garrett’s pro se supplemental brief, and find no meritorious issues
for appeal. Accordingly, we affirm. We deny Garrett’s motion to
relieve his counsel. 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
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presented in the materials before the court and argument would not
aid the decisional process.
AFFIRMED
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