United States v. Williams

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-4042
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
FLOYD ROBERT WILLIAMS, a/k/a Robbie Swain,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Beckley. Elizabeth V. Hallanan,
District Judge. (CR-95-73)
Submitted: November 21, 1996 Decided: December 4, 1996
Before HALL, WILKINS, and HAMILTON, Circuit Judges.
Affirmed by unpublished per curiam opinion.
G. Ernest Skaggs, SKAGGS & SKAGGS, Fayetteville, West Virginia, for
Appellant. Rebecca A. Betts, United States Attorney, John C. Parr,
Assistant United States Attorney, Charleston, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Floyd Robert Williams pled guilty to distributing crack co-
caine, 21 U.S.C.A. § 841 (West 1981 & Supp. 1996). He was sentenced
to a term of 83 months imprisonment and three years supervised
release. A $2000 fine was imposed. Williams' attorney has filed a
brief in accordance with Anders v. California, 386 U.S. 738 (1967),
raising one issue but stating that, in his view, there are no
meritorious grounds for appeal. Williams was notified of his right
to file a pro se supplemental brief, but has not filed a brief.
In the Anders brief, Williams' counsel suggests that the
district court may have sentenced Williams above the low end of the
guideline range of 78-97 months because of his race; Williams is
black. However, there is nothing in the record to support that
contention. We cannot find that race was a factor in the court's
determination of the sentence.
In accordance with Anders, we have examined the entire record
in this case and find no meritorious issues for appeal. 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. We therefore deny defense counsel's motion to withdraw at
this time. If the client requests that a petition be filed, but
counsel believes that such a petition would be frivolous, then
counsel may again move in this court for leave to withdraw from
representation. Counsel's motion must state that a copy thereof was
served on the client.
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We dispense with oral argument because the facts and legal
contentions are adequately presented in the record and briefs, and
oral argument would not aid the decisional process.
AFFIRMED
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