US v. Ibn Muhammed Scott, No. 10-5288 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-5288 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. IBN MUHAMMED SCOTT, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Beaufort. Sol Blatt, Jr., Senior District Judge. (9:08-cr-00583-SB-5) Submitted: November 30, 2011 Decided: December 8, 2011 Before WILKINSON, DAVIS, and WYNN, Circuit Judges. Affirmed and remanded by unpublished per curiam opinion. Charles T. Brooks III, THE BROOKS LAW OFFICES, LLC, Sumter, South Carolina, for Appellant. Alston Calhoun Badger, Jr., Assistant United States Attorney, Charleston, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ibn Muhammed Scott pled guilty to possession with intent to distribute and distribution of cocaine, in violation of 21 U.S.C.A. § 841(a)(1), (b)(1)(C) (West Supp. 2011). received a 150-month sentence. He Counsel for Scott has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), certifying that there are no meritorious issues for appeal, but questioning whether voluntary. numerous Scott s guilty plea was knowing and Scott has filed a pro se supplemental brief raising issues. response. For The the Government reasons that has declined follow, we to file affirm a Scott s conviction and sentence, and remand to the district court. Because Scott did not move to withdraw his guilty plea in the district court, the colloquy is reviewed for plain error. United States v. Martinez, 277 F.3d 517, 524 27 (4th Cir. 2002). Prior to accepting a defendant s guilty plea, a district court must address understands, the among defendant other in things, open court and the nature of ensure the he charge against him, the possible punishment he faces, and the rights he relinquishes by pleading guilty. Fed. R. Crim. P. 11(b)(1). The a court must also ensure that sufficient factual basis exists to support the plea, Fed. R. Crim. P. 11(b)(3), and that the plea is knowing and voluntary, Fed. R. Crim. P. 11(b)(2). 2 Our review of the plea hearing transcript reveals no plain error in the colloquy conducted by the district court. In accordance with Anders, we have reviewed the record in this case as well as the issues Scott raises in his pro se supplemental appeal. pled brief have found no meritorious issues for However, the judgment in this case reflects that Scott guilty charging and to him Count with Eleven of possession with distribution of cocaine base. possession with sentence, to Accordingly, cocaine. intent we but remand so the superseding intent to indictment, distribute and Scott, in fact, pled guilty to distribute affirm that the and Scott s written distribution of conviction and judgment can be corrected to reflect the offense to which Scott pled guilty-possession with cocaine. * This court requires that counsel inform Scott, in writing, of the intent right to to distribute petition United States for further review. the and distribution Supreme Court of of the If Scott 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 Because both are offenses under 21 U.S.C.A. § 841(a)(1), and carry the same penalties, 21 U.S.C.A. § 841(b)(1)(C), the clerical error in the judgment did not affect Scott s sentence or otherwise prejudice him. 3 state that a copy thereof was served on Scott. 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 AND REMANDED 4
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