US v. Bobby Labo, No. 13-4196 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4196 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BOBBY EDWARD LABO, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Spartanburg. Timothy M. Cain, District Judge. (7:12-cr-00302-TMC-1) Submitted: October 29, 2013 Decided: November 8, 2013 Before NIEMEYER, KING, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Joel Morris Bondurant, Jr., BONDURANT LAW FIRM, Atlanta, Georgia, for Appellant. Carrie Fisher Sherard, Assistant United States Attorney, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Bobby Edward Labo pled guilty to possession of a firearm with an obliterated serial number, in violation of 18 U.S.C. ยงยง 922(k), 924(a)(1)(B) (2006). The district court sentenced Labo to the statutory maximum sentence of sixty months in prison. On appeal, counsel for Labo filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), asserting that there are no meritorious issues for appeal. Labo did not file a supplemental pro se brief, despite notice of his right to do so. The government elected not to file a response to the Anders brief. In accordance with the requirements of Anders, we have examined the entire record and have found no meritorious issues. We therefore affirm the district court s judgment. We deny counsel s request to be relieved from further representation. This court requires that counsel inform Labo in writing of his right to petition the Supreme Court of the United States for further review. If Labo requests that a petition be filed, but counsel believes that such a petition would be frivolous, then counsel may move this court for leave to withdraw from The sentencing hearing was transcribed, but that transcript was not made a part of the record on appeal. We have satisfied our obligations under Anders, however, by reviewing the transcript via the district court docket sheet. 2 representation. Counsel s motion must state that a copy thereof was served on Labo. facts and materials legal before We dispense with oral argument because the contentions are adequately this and argument court presented would not in the aid the decisional process. AFFIRMED 3