US v. Jermal Clemon, No. 10-4402 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-4402 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JERMAL OLLIE CLEMONS, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Anderson. Henry F. Floyd, District Judge. (8:09-cr-00788-HFF-1) Submitted: February 10, 2011 Decided: February 17, 2011 Before WILKINSON and DAVIS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. John Wesley Locklair, III, LOCKLAIR & LOCKLAIR, PC, Columbia, South Carolina, for Appellant. Elizabeth Jean Howard, Assistant United States Attorney, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jermal possess with base. Ollie intent Clemons to pled distribute guilty and to to conspiracy distribute to cocaine The district court sentenced Clemons to 186 months in prison. On appeal, Clemons counsel has filed an Anders * brief, stating that there are no viable trial grounds counsel for appeal, questioning whether assistance. Although informed of his right to do so, Clemons has not filed a supplemental brief. rendered but ineffective We affirm. Clemons asserts that his attorney was ineffective for incorrectly predicting the applicable Guidelines range prior to Clemons guilty plea. However, ineffective assistance claims are more appropriately raised in a motion filed pursuant to 28 U.S.C.A. ยง 2255 (West Supp. 2010), unless ineffectiveness conclusively appears on the record. counsel s See United States v. Richardson, 195 F.3d 192, 198 (4th Cir. 1999). review of counsel the record, rendered we find ineffective no conclusive assistance, After evidence and we that accordingly decline to consider these claims on direct appeal. In remainder of accordance the with record in Anders, this meritorious issues for review. * we case have and reviewed have found the no We therefore affirm Clemons Anders v. California, 386 U.S. 738 (1967). 2 conviction and sentence. This court requires that counsel inform Clemons, in writing, of the right to petition the Supreme Court of the United States for further review. If Clemons 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. Counsel s motion must state that a copy thereof was served on Clemons. dispense with oral argument because the facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 3
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