United States v. Rashon Hunter , 675 F. App'x 316 ( 2017 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 15-4768
    UNITED STATES OF AMERICA,
    Plaintiff – Appellee,
    v.
    RASHON DONTE HUNTER,
    Defendant – Appellant.
    Appeal from the United States District Court for the Western
    District of North Carolina, at Charlotte.   Robert J. Conrad,
    Jr., District Judge. (3:13-cr-00263-RJC-4)
    Submitted:   January 31, 2017             Decided:   February 2, 2017
    Before WILKINSON, KEENAN, and THACKER, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Randolph M. Lee, Charlotte, North Carolina, for Appellant. Amy
    Elizabeth Ray, Assistant United States Attorney, Asheville,
    North Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Rashon         Donte       Hunter     pled     guilty     pursuant       to   a    plea
    agreement        to    one       count   each    of   conspiracy       to    distribute       and
    possess with the intent to distribute cocaine and cocaine base,
    in   violation         of    21    U.S.C.    § 846     (2012),    and       possession    with
    intent to distribute and distribution of cocaine, in violation
    of   21    U.S.C.      § 841(b)(1)(C)           (2012),   and    was     sentenced       to   78
    months in prison.                Hunter’s counsel filed a brief in accordance
    with Anders v. California, 
    386 U.S. 738
    (1967), stating that, in
    counsel’s view, there are no meritorious issues for appeal, but
    suggesting        that           Hunter’s    counsel      rendered          constitutionally
    deficient performance at sentencing.                      Hunter has not filed a pro
    se supplemental brief, despite receiving notice of his right to
    do so, and the Government has declined to file a responsive
    brief.      We affirm.
    Counsel questions whether Hunter received constitutionally
    ineffective assistance of counsel at sentencing because defense
    counsel     failed          to    request    that     Hunter’s    federal       sentence       be
    imposed to run concurrent with any future sentence Hunter might
    receive on then-pending unrelated state charges.                                 Unless the
    record       conclusively                establishes      that         counsel       rendered
    ineffective assistance, however, such claims are not cognizable
    on direct appeal.                 United States v. Powell, 
    680 F.3d 350
    , 359
    (4th      Cir.   2012).            Because      the   record    does    not    conclusively
    2
    establish    that        counsel    rendered            ineffective         assistance       at
    sentencing, we decline to address this claim on direct appeal.
    Thus, Hunter’s arguments are more appropriately raised, if at
    all, in a 28 U.S.C. § 2255 (2012) motion.                        See United States v.
    Baldovinos, 
    434 F.3d 233
    , 239 & n.4 (4th Cir. 2006).                             We express
    no opinion as to the merits of Hunter’s ineffective assistance
    of counsel claim.
    In    accordance      with     Anders,        we    have    reviewed       the    entire
    record and have found no meritorious issues for appeal.                                     We
    therefore    affirm      the    district      court’s        judgment.          This    court
    requires that counsel inform Hunter, in writing, of the right to
    petition    the   Supreme       Court    of       the   United      States     for    further
    review.     If    Hunter       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 Hunter.              We dispense with oral argument because
    the facts and legal contentions are adequately presented in the
    materials    before      this    court    and       argument        would      not   aid    the
    decisional process.
    AFFIRMED
    3
    

Document Info

Docket Number: 15-4768

Citation Numbers: 675 F. App'x 316

Judges: Wilkinson, Keenan, Thacker

Filed Date: 2/2/2017

Precedential Status: Non-Precedential

Modified Date: 10/19/2024