US v. James Cothran, No. 10-5236 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-5236 UNITED STATES OF AMERICA, Plaintiff Appellee, v. JAMES DOUGLAS COTHRAN, Defendant Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Martin K. Reidinger, District Judge. (1:10-cr-00009-MR-1) Submitted: July 8, 2011 Decided: July 29, 2011 Before WILKINSON, KING, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Eric C. Bohnet, ERIC C. BOHNET, ATTORNEY AT LAW, Indianapolis, Indiana, 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 Unpublished opinions are not binding precedent in this circuit.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: James 151-month Douglas sentence Cothran imposed appeals following the his district conviction robbery, in violation of 18 U.S.C. § 2113(a) (2006). court s for bank Cothran s counsel filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), asserting that there are no meritorious grounds for appeal but questioning whether the district sentencing Cothran as a career offender. court erred in Cothran was advised of his right to file a pro se supplemental brief but did not file one. Finding no reversible error, we affirm. The sole issue raised in the Anders brief is whether the district offender. court erred in sentencing Cothran as a career To qualify as a career offender: (1) the defendant must have been at least eighteen years old at the time of the offense of conviction; (2) the offense of conviction must have been a felony crime of violence or controlled substance offense; and (3) the convictions offenses. defendant for crimes must of have at violence least or two prior controlled felony substance U.S. Sentencing Guidelines Manual (USSG) § 4B1.1(a) (2010). The term two prior felony convictions means (1) the defendant committed the instant offense of conviction subsequent to sustaining at least two felony convictions of either a crime of violence or a controlled substance offense . . . , and (2) the sentences for at least two of the aforementioned 2 felony convictions are counted separately provisions of § 4A1.1(a), (b), or (c). USSG § 4B1.2(c). [P]rior sentences are under counted the separately unless (A) the sentences resulted from offenses contained in the same charging instrument; or (B) the sentences were imposed on the same day. USSG § 4A1.2(a)(2). Upon de novo review, we conclude that the district court properly sentenced Cothran as a See United States v. Farrior, 535 F.3d 210, career offender. 223 (4th Cir. 2008) (stating standard of review). In accordance with Anders, we have reviewed the record in this case and have found no meritorious issues for appeal. We therefore affirm the district court s judgment. This court requires that counsel inform Cothran, in writing, of his right to petition the Supreme Court of the United States for further review. If Cothran requests counsel believes that counsel may in move representation. such this that a a petition petition court for would leave to be be filed, but frivolous, withdraw from Counsel s motion must state that a copy thereof was served on Cothran. We dispense with oral argument because the facts and legal conclusions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 3
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