United States v. Linder , 200 F. App'x 186 ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-4557
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DAVID WILLIAM LINDER,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Jerome B. Friedman, District
Judge. (CR-04-191)
Submitted: August 28, 2006 Decided: September 15, 2006
Before WILLIAMS and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Brian Gay, GAY & CIPRIANO, P.C., Virginia Beach, Virginia, for
Appellant. Laura P. Tayman, OFFICE OF THE UNITED STATES ATTORNEY,
Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
A jury convicted David W. Linder of all twenty-seven counts of
the indictment against him. The convictions included one count of
conspiracy to distribute for human consumption 5-MeO-DiPT (commonly
called “Foxy”), and other similar controlled substance analogues as
defined in 21 U.S.C. § 802(32); eighteen counts of distribution of
the illicit substances; five counts of intentionally using a
communication facility to facilitate the commission of a drug
crime; one count of conspiracy to launder money; one count of money
laundering; and one count of engaging in monetary transactions
involving criminally derived property. With respect to the drug
conspiracy count, the jury also found that a death resulted from
the drugs that Linder distributed or caused to be distributed for
human consumption.
The district court sentenced Linder to a life sentence on the
drug conspiracy count; 240 months’ imprisonment on each of the
eighteen distribution counts and the two money laundering counts;
48 months’ imprisonment on the five illegal use of a communications
facility counts; and 120 months’ imprisonment on the one count of
engaging in monetary transactions involving criminally derived
property. All of these sentences were imposed to be served
concurrently.
On appeal Linder’s counsel filed an Anders v. California, 386
U.S. 738 (1967), brief asserting that there are no meritorious
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issues for appeal. Linder was advised of his right to file a pro
se supplemental brief and has filed numerous documents attacking
his conviction. We affirm.
We have carefully considered the numerous arguments by Linder
in his supplemental filings and find them meritless. See United
States v. Klecker, 348 F.3d 69 (4th Cir. 2003) (deeming “Foxy” to
be a controlled substance analogue); United States v. Mitchell,
209 F.3d 319 (4th Cir. 2000) (determining the sufficiency of the
evidence underlying a jury’s determination of guilt by viewing the
evidence in the light most favorable to the government).
In accordance with Anders, we have reviewed the entire record
in this case and have found no meritorious issues for appeal. We
therefore affirm Linder’s conviction and sentence. This court
requires that counsel inform Linder, in writing, of the right to
petition the Supreme Court of the United States for further review.
If Linder 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 Linder. 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
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