Federal Circuits, 4th Cir. (September 12, 2003)
Docket number: 03-4132
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U.S. Code - Title 18: Crimes and Criminal Procedure - 18 USC 922 - Sec. 922. Unlawful acts
U.S. Supreme Court - Anders v. California, 386 U.S. 738 (1967)
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUITNo. 03-4132 UNITED STATES OF AMERICA, Plaintiff - Appellee, versusEMANUEL HARRIS, Defendant - Appellant. Appeal from the United States District Court for the SouthernDistrict of West Virginia, at Huntington. Robert C. Chambers,District Judge. (CR-02-94)Submitted: August 28, 2003 Decided: September 12, 2003Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, SeniorCircuit Judge.Affirmed by unpublished per curiam opinion.Carl J. Roncaglione, Jr., Charleston, West Virginia, for Appellant.Kasey Warner, United States Attorney, Miller A. Bushong, III,Assistant United States Attorney, Charleston, West Virginia, forAppellee.Unpublished opinions are not binding precedent in this circuit.See Local Rule 36(c).PER CURIAMEmanuel Harris pled guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1) (2000). The district court sentenced him to fifty-two months imprisonment to be followed by three years of supervised release and ordered him to pay a $1500 fine and a $100 special assessment. Harris appeals his sentence. His counsel 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 issues for appeal.Harris was informed of his right to file a pro se supplemental brief but has not done so. Finding no reversible error, we affirm.Harris§ 2K2.1(b)(1)(A) (2002), based upon the finding that the offense involved five firearms. Counsel asserts that Harris should have been held accountable only for the two firearms charged in the superseding indictment and not the three additional firearms seized from his home. We disagree. § 1B1.1, comment. (n.1(k)). We therefore find that the district court did not clearly err in applying the enhancement. United States v. Garnett , 243 F.3d 824, 828 (4th Cir. 2001) (stating standard of review).As required by Anders , we have examined the entire record and find no meritorious issues for appeal. Accordingly, we affirm HarrisÂ’ conviction and sentence. 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. If the client 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. CounselÂ’s motion must state that a copy thereof was served on the client. 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. AFFIRMEDTry vLex for FREE for 3 days
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