US v. Michael Wood, No. 09-4140 (4th Cir. 2010)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-4140 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MICHAEL ROY WOOD, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Lacy H. Thornburg, District Judge. (1:08-cr-00021-LHT-1) Submitted: June 30, 2010 Decided: July 14, 2010 Before MOTZ, DUNCAN, and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Timothy Litka, LAW OFFICE OF TIMOTHY LITKA, LLC, Washington, D.C., for Appellant. Corey F. Ellis, OFFICE OF THE UNITED STATES ATTORNEY, Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Michael Wood pleaded guilty to bank violation of 18 U.S.C. ยง 2113(a) (2006). to 180 months of robbery, in The district court sentenced Wood imprisonment and Wood now appeals. His appellate attorney has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), questioning whether Wood s trial counsel provided effective assistance, but stating that there are no meritorious issues for appeal. Although Wood was informed of his right to file a pro se supplemental brief, he has not done so. Finding no error, we affirm. To prove a claim of ineffective assistance of counsel, a defendant must show (1) that counsel s performance was deficient, and (2) that the deficient performance prejudiced the defense. (1984). show counsel s of [j]udicial the Washington, representation reasonableness. scrutiny deferential. in v. 466 U.S. 668, 687 With respect to the first prong, the defendant must that standard Strickland of counsel s Id. at 689. context of a an objective 688. In addition, performance must Id. fell at below be highly Under the second prong of the test conviction following a guilty plea, a defendant can show prejudice only by demonstrating a reasonable probability that, but for counsel s errors, he would not have pleaded guilty and would have insisted Hill v. Lockhart, 474 U.S. 52, 59 (1985). 2 on going to trial. Furthermore, this court may address a claim of ineffective assistance on direct appeal only if the lawyer s ineffectiveness conclusively appears on the record. United States v. Baldovinos, 434 F.3d 233, 239 (4th Cir. 2006). have thoroughly ineffective record. reviewed assistance the does not record and conclude conclusively appear We that on the We therefore decline to address this claim on direct appeal. We have examined the entire record in accordance with the requirements of Anders and have found no meritorious issues for appeal. Accordingly, we affirm the judgment of the district court. This writing, of United court the States requires right for to further that counsel petition the review. If inform Supreme Wood Wood, Court requests of in the 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 Wood. We dispense with oral contentions argument adequately because presented in the the facts and materials legal before the court are and argument would not aid the decisional process. AFFIRMED 3
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