US v. Walter Foster, No. 12-7436 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7436 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. WALTER DEOTIS FOSTER, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. Terry L. Wooten, Chief District Judge. (4:04-cr-01039-TLW-1) Submitted: March 26, 2013 Decided: April 2, 2013 Before DAVIS, WYNN, and FLOYD, Circuit Judges. Affirmed by unpublished per curiam opinion. W. James Hoffmeyer, LAW OFFICE OF W. JAMES HOFFMEYER, Florence, South Carolina, for Appellant. Alfred William Walker Bethea, Jr., Assistant United States Attorney, Florence, South Carolina; Robert Frank Daley, Jr., Assistant United States Attorney, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Walter Deotis Foster pled guilty, pursuant to a plea agreement, to possession with intent to distribute five grams or more of cocaine base, in violation of 21 U.S.C. § 841(a)(1) (2000), and the court sentenced him to 204 months imprisonment. On appeal, counsel California, 386 meritorious issues has U.S. filed 738 for a brief (1967), appeal pursuant stating but to that Anders there questioning are whether v. no the district court correctly classified Foster as a career offender pursuant to U.S. § 4B1.1(a) (2004). Sentencing Guidelines Manual ( USSG ) Foster was advised of his right to file a pro se supplemental brief, but he did not do so. We affirm. We review Foster s sentence for reasonableness under a deferential abuse-of-discretion States, 552 U.S. 38, 41 (2007). reasonable among other Gall v. United A sentence is procedurally court properly calculates the defendant s advisory Guidelines range. See id. at 49-51. if, standard. requirements, the Our review of the record leads us to conclude that the district court did not err by classifying Foster as a career offender. Even absent consideration of his failure to stop for a blue light conviction, Foster had three prior convictions for felony drug offenses and one prior conviction for a crime of violence. See USSG § 4B1.1(a) (requiring defendant have at least two prior felony convictions of either a crime of violence 2 or a controlled substance offense to qualify as career offender). 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 Foster, in writing, of the right to petition the Supreme review. If Foster Court of requests the that United a States petition for be further 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 was served on Foster. We dispense with oral argument because the facts and legal before contentions this court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 3