US v. Mark Scarborough, No. 12-4650 (4th Cir. 2013)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-4650 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MARK ALAN SCARBOROUGH, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. James A. Beaty, Jr., Chief District Judge. (1:12-cr-00043-JAB-1) Submitted: March 7, 2013 Decided: April 5, 2013 Before DAVIS, KEENAN, and DIAZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Bruce A. Lee, BRUCE A. LEE, PA, Greensboro, North Carolina, for Appellant. Terry Michael Meinecke, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Mark Alan Scarborough pled guilty pursuant to a plea agreement to one count of possession of firearms by a felon, in violation of 18 U.S.C. ยงยง 922(g)(1), 924(e) (2006). sentenced to a 180-month term of imprisonment. He was Scarborough s counsel filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), issues for appeal. stating that there are no meritorious Scarborough was notified of his right to file a pro se supplemental brief but has not done so. Finding no error, we affirm. Because Scarborough did not move the district court to withdraw his guilty plea, the Rule 11 hearing is reviewed for plain error. United States v. Martinez, 277 F.3d 517, 525-26 (4th Cir. 2002). To establish plain error, [a litigant] must show that an error occurred, that the error was plain, and that the error affected his substantial rights. Muhammad, 478 F.3d 247, 249 (4th Cir. 2007). record reveals no error, plain or United States v. A review of the otherwise. Rather, the district court complied with Fed. R. Crim. P. 11 s requirements, ensuring that Scarborough s plea was knowing and voluntary, that he understood the rights he was giving up by pleading guilty and the sentence he faced, and that he committed the offense to which he was pleading guilty. Scarborough s conviction. 2 Accordingly, we affirm We review Scarborough s sentence under an abuse of discretion standard, assessing it for procedural and substantive reasonableness. Gall v. United States, 552 U.S. 38, 51 (2008). Our review of the record leads us to conclude that the district court properly offered a calculated sufficiently imposed. Scarborough s Scarborough s reasoned Guidelines explanation sentence to the for range and the sentence statutory mandated minimum term of imprisonment is procedurally and substantively reasonable. Cir. 2008). United States v. Farrior, 535 F.3d 210, 224 (4th Accordingly, we affirm Scarborough s sentence. In accordance with Anders, we have reviewed the entire record and have found no meritorious issues for appeal. therefore affirm the district court s judgment. This We court requires that counsel inform Scarborough, in writing, of the right to petition the Supreme Court of the United States for further filed, review. but If counsel Scarborough believes requests that such that a a petition petition would be 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 his client. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. AFFIRMED 3
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