United States v. Shakeam Bernabela , 675 F. App'x 333 ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-4497
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SHAKEAM DYRELL BERNABELA, a/k/a King B,
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-DCK-16)
Submitted: January 31, 2017 Decided: February 2, 2017
Before WILKINSON, KEENAN, and THACKER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Laura E. Beaver, BEAVER LAW FIRM, Raleigh, 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Unpublished opinions are not binding precedent in this circuit.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:
Shakeam Dyrell Bernabela 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. §§ 841(b)(1)(A), (B), 846 (2012), and
he was sentenced to 151 months in prison. Bernabela’s counsel
has filed a brief in accordance with Anders v. California, 386
U.S. 738 (1967), suggesting that Bernabela’s plea was unknowing
and involuntary and that his sentence is unreasonable, but
explaining why those arguments lack merit. Bernabela 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.
We reject Bernabela’s suggestion that his plea was
unknowing and involuntary. The magistrate judge, to whose
jurisdiction Bernabela consented, complied with Fed. R. Crim. P.
11 in conducting Bernabela’s plea hearing, and we discern no
basis for questioning the knowing and voluntary basis for
Bernabela’s guilty plea. We thus affirm Bernabela’s
convictions.
Because Bernabela did not object to his career offender
status in the district court, we review this issue for plain
error. See United States v. Olano, 507 U.S. 725, 731-32 (1993).
To be a career offender, Bernabela must have been at least
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eighteen years old at the time of the instant offense of
conviction, the instant offense must be a felony that is a crime
of violence or a controlled substance offense, and Bernabela
must have at least two prior felony convictions that are either
crimes of violence or controlled substance offenses. See U.S.
Sentencing Guidelines Manual § 4B1.1. Our review of the record
confirms that Bernabela was properly adjudged a career offender
based on his prior convictions for controlled substance
offenses.
In accordance with Anders, we have reviewed the entire
record and have found no meritorious issues for appeal. We
therefore affirm Bernabela’s convictions and sentence. This
court requires that counsel inform Bernabela, in writing, of the
right to petition the Supreme Court of the United States for
further review. If Bernabela 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 Bernabela. 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
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