US v. David Ferrell, Jr., No. 13-4071 (4th Cir. 2013)
Annotate this Case
Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4071 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAVID MCCOY FERRELL, JR., Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Catherine C. Eagles, District Judge. (1:12-cr-00142-CCE-1) Submitted: September 26, 2013 Decided: September 30, 2013 Before SHEDD, DUNCAN, and WYNN, Circuit Judges. Affirmed by unpublished per curiam opinion. George E. Crump, III, Rockingham, North Carolina, for Appellant. Kyle David Pousson, OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: David McCoy Ferrell, Jr., pled guilty to possession of a firearm by a convicted felon. The district court sentenced him to 46 months imprisonment. Ferrell s counsel filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), stating that, in counsel s view, there are no meritorious issues for appeal, but questioning whether the court erred by finding that Ferrell possessed the firearm in connection with another felony offense. addressing Ferrell has filed a pro se supplemental brief, the same issue. Finding no reversible error, we affirm. We have reviewed Ferrell s sentence and conclude that the district possession court of the did not firearm clearly was in err in finding connection with that the the felony offense of possession of marijuana with the intent to sell and deliver. See United States v. Daughtrey, 874 F.2d 213, 217-18 (4th Cir. 1989). See Gall States v. district sentencing v. Moreover, the sentence imposed was reasonable. United Llamas, court States, 599 F.3d followed Ferrell, 552 U.S. 38, 381, 387 (4th the necessary appropriately 51 (2007); Cir. 2010). procedural treated United the steps The in Sentencing Guidelines as advisory, properly calculated and considered the applicable Guidelines range, and weighed the relevant 18 U.S.C. ยง 3553(a) (2006) factors in light 2 of Ferrell s individual characteristics and court abuse did sentence. not history. its We conclude discretion in that the imposing district the chosen See 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 entire record in this case and have found no meritorious issues for appeal. This court requires that counsel inform Ferrell, in writing, of the right to petition United States for further review. the Supreme Court of the If Ferrell 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 state that a copy thereof was served on Ferrell. 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
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
