US v. Sabrena Myers, No. 09-5052 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-5052 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SABRENA ARNETIA MYERS, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, District Judge. (4:09-cr-00229-RBH-2) Submitted: January 18, 2011 Decided: January 25, 2011 Before NIEMEYER, DUNCAN, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. John M. Ervin, III, Darlington, South Carolina, for Appellant. Carrie Ann Fisher, Rose Mary Sheppard Parham, Assistant United States Attorneys, Florence, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Sabrena Arnetia Myers pled guilty pursuant to a written plea agreement to conspiracy to possess with intent to distribute cocaine and fifty grams or more of cocaine base. Myers was sentenced to a 120-month mandatory minimum sentence. See 21 U.S.C. § 841(b)(1)(A)(iii) (2006). On appeal, counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), asserting there are no meritorious grounds for appeal, but raising the following issues: (1) whether the district court erred at Myers plea hearing, and (2) whether Myers sentence was reasonable. For the reasons that follow, we affirm. In the absence of a motion to withdraw a guilty plea, this court reviews the adequacy of the guilty plea pursuant to Fed. R. Crim. P. 11 for plain error. 277 F.3d 517, 525 (4th Cir. 2002). United States v. Martinez, Our review of the transcript of the plea hearing leads us to conclude that the district court fully complied with Rule 11 in accepting Myers guilty plea. The court ensured that Myers understood the charge against her and the potential sentence she faced, that she entered her plea knowingly and voluntarily, and that the plea was supported by an independent factual basis. United States v. DeFusco, 949 F.2d 114, 116, 119-20 (4th Cir. 1991). conviction. 2 Accordingly, we affirm Myers We have also reviewed Myers sentence and determine that it was properly calculated and that the sentence imposed was reasonable. Gall v. United States, 552 U.S. 38, 51 (2007); United States v. Llamas, 599 F.3d 381, 387 (4th Cir. 2010). district court sentencing followed Myers, the necessary appropriately procedural treated the The steps in sentencing guidelines as advisory, properly calculated and considered the applicable guidelines U.S.C.A. 3553(a) § range, (West and 2000 & weighed Supp. the 2010) relevant 18 factors. We conclude that the district court did not abuse its discretion in imposing the chosen sentence. Gall, 552 U.S. at 41; United States v. Allen, 491 F.3d 178, 193 (4th Cir. 2007) (applying appellate presumption of reasonableness to within guidelines sentence). In accordance with Anders, we have reviewed the record in this case, including the issues raised in Myers pro se supplemental brief, and have found no meritorious issues for appeal. We therefore affirm Myers conviction and sentence. This court requires that counsel inform Myers, in writing, of the right to petition the Supreme Court of the United States for further review. If Myers requests that a petition be filed, but counsel believes that such a petition would be frivolous, then counsel may move representation. in this court for leave to withdraw from Counsel s motion must state that a copy thereof 3 was served on Myers. 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 4
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