United States v. Quinton Stevenson , 678 F. App'x 117 ( 2017 )


Menu:
  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 16-4496
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    QUINTON RASHARD STEVENSON,
    Defendant - Appellant.
    Appeal from the United States District Court for the District of
    South Carolina, at Spartanburg.    J. Michelle Childs, District
    Judge. (7:15-cr-00846-JMC-1)
    Submitted:   February 23, 2017             Decided:   February 27, 2017
    Before SHEDD and DIAZ, Circuit Judges, and DAVIS, Senior Circuit
    Judge.
    Affirmed by unpublished per curiam opinion.
    James B. Loggins, Assistant Federal Public Defender, Greenville,
    South Carolina, for Appellant.     Alan Lance Crick, Assistant
    United   States  Attorney,  Greenville,   South  Carolina,   for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Quinton Rashard Stevenson appeals his within-Guidelines 40-
    month    sentence    imposed       following            his    guilty       plea    to     being    a
    felon in possession of a firearm and ammunition, in violation of
    18 U.S.C. § 922(g)(1) (2012).                      On appeal, Stevenson’s counsel
    filed a brief under Anders v. California, 
    386 U.S. 738
    (1967),
    asserting that he found no meritorious issues for appeal but
    questioning the length of Stevenson’s sentence.                               Stevenson filed
    a   supplemental      pro    se    brief       claiming         that       his     plea    counsel
    provided ineffective assistance of counsel.                               The Government has
    not responded to the Anders brief or the supplemental pro se
    brief.
    In    accordance      with       Anders,      we        have       reviewed    the    entire
    record in this case and have found no meritorious issues for
    appeal.         Because    the    record       does      not        conclusively         establish
    ineffective assistance of counsel, we conclude that those claims
    should     be    raised,    if    at    all,       in    a     28    U.S.C.      § 2255     (2012)
    motion.         See United States v. Benton, 
    523 F.3d 424
    , 435 (4th
    Cir. 2008).        We therefore affirm the district court’s judgment.
    This court requires that counsel inform Stevenson, in writing,
    of the right to petition the Supreme Court of the United States
    for further review.              If Stevenson 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
    2
    withdraw from representation.      Counsel’s motion must state that
    a copy thereof was served on Stevenson.
    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: 16-4496

Citation Numbers: 678 F. App'x 117

Judges: Shedd, Diaz, Davis

Filed Date: 2/27/2017

Precedential Status: Non-Precedential

Modified Date: 10/19/2024