US v. Donnie Sheffield, No. 08-4876 (4th Cir. 2010)
Annotate this Case
Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-4876 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DONNIE WAYNE SHEFFIELD, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. Terry L. Wooten, District Judge. (4:07-cr-00769-TLW-1) Submitted: March 30, 2010 Decided: April 2, 2010 Before WILKINSON, GREGORY, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. John W. Locklair, III, LOCKLAIR LAW FIRM, LLC, Surfside Beach, South Carolina, for Appellant. Rose Mary Sheppard Parham, Assistant United States Attorney, Florence, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Donnie Sheffield appeals from the 120-month sentence imposed after he was found guilty of possession of a firearm by a convicted felon, 924(a)(2) (2006). accordance with in violation Sheffield s Anders v. of 18 U.S.C. ยงยง 922(g)(1), counsel has filed a brief California, 386 U.S. 738 in (1967), stating that there are no meritorious issues for appeal, but raising whether Sheffield s the sentence district by court applying a erred by Sentencing enhancing Guidelines cross-reference based on facts that were not proven beyond a reasonable doubt. Sheffield has filed a pro se supplemental brief, and the Government declined to file a brief. Finding no error, we affirm. Sheffield received sentence enhancement based on facts that were reasonable not stipulated doubt. Counsel to or found raises by a the issue jury of beyond whether a this violated the Sixth Amendment in light of Apprendi v. New Jersey, 530 U.S. 466, 490 (2000). We have held that the district court s application of sentencing enhancements based on facts found by a preponderance of the evidence does not violate the Sixth Amendment. See United States v. Hammond, 286 F.3d 189, 192 (4th Cir. 2002). We have reviewed the claims Sheffield raises in his pro supplemental brief objecting to Agent Glover s testimony, 2 challenging a search of his home, objecting to introduction of evidence regarding domestic violence, objecting to sentencing enhancements, and dissatisfaction with counsel, and find them to be without reviewed merit. the In entire accordance record in meritorious issues for appeal. conviction inform and sentence. Sheffield, Supreme Court Sheffield of with this This court writing, of the United States that a case we and have have also found no We therefore affirm Sheffield s in requests Anders, the requires right to for petition further be filed, that counsel petition the review. If but counsel believes that such a petition would be frivolous, then counsel may move in representation. this court for leave to withdraw from Counsel s motion must state that a copy thereof was served on Sheffield. We dispense with oral argument because the facts and legal before contentions the court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
