US v. Tony Grier, No. 08-4028 (4th Cir. 2008)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-4028 UNITED STATES OF AMERICA, Plaintiff Appellee, v. TONY ANDWOANE GRIER, Defendant Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert J. Conrad, Jr., Chief District Judge. (3:06-cr-00387-RJC-1) Submitted: December 11, 2008 Decided: December 15, 2008 Before NIEMEYER, DUNCAN, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Janna D. Allison, JANNA D. ALLISON, P.C., Waynesville, 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 Unpublished opinions are not binding precedent in this circuit.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: Tony Andwoane Grier pled guilty pursuant to a plea agreement to conspiracy to possess with intent to distribute cocaine, in violation of 21 U.S.C. sentenced to 188 months in prison. § 841 (2006), and was Counsel for Grier has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), alleging that she has found no meritorious issues for appeal but asserting that trial counsel may have been ineffective. Grier was notified of his right to file a pro se supplemental brief but has not done so. responding brief. The Government has declined to file a Finding no error, we affirm the district court s judgment. The Crim. P. 11 magistrate hearing, * judge conducted ensuring that a Grier thorough entered Fed. his R. plea agreement knowingly and voluntarily, and that he committed the crime to which he pled guilty. court calculated considered it in the appropriate conjunction with At sentencing, the district advisory the Guidelines factors set range, forth in 18 U.S.C. § 3553(a) (2006), and sentenced Grier to the bottom of his Guidelines range. Because sentences within the applicable * In accordance with 28 U.S.C. § 636(b)(3) (2000) and United States v. Osborne, 345 F.3d 281, 288 (4th Cir. 2003), the record establishes that the magistrate judge was properly authorized to conduct the Rule 11 hearing. 2 Guidelines range may be presumed reasonable by the appellate court, we find that the district court did not err in sentencing Grier to 188 months in prison. See Gall v. United States, 128 S. Ct. 586, 596 (2007); United States v. Pauley, 511 F.3d 468, 473 (4th Cir. 2007). Moreover, we find that ineffective assistance of counsel does not conclusively appear[] on the record. See United States v. James, 337 F.3d 387, 391 (4th Cir. 2003). In accordance with Anders, we have reviewed the entire record in this case and have found no meritorious issues for review. court. Accordingly, we affirm the judgment of the district This court requires that counsel inform Grier in writing of his right to petition the Supreme Court of the United States for further review. If Grier requests that a petition be filed, but counsel believes that such a petition would be frivolous, then counsel may motion this court for leave to withdraw from representation. Counsel's motion must state that a copy thereof was served on Grier. facts and materials legal before We dispense with oral argument because the contentions are adequately the and argument court presented would not in the aid the decisional process. AFFIRMED 3
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