US v. Brian Jackson, No. 13-4399 (4th Cir. 2014)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4399 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BRIAN CLIFTON JACKSON, Defendant - Appellant. Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. Gina M. Groh, District Judge. (3:13-cr-00001-GMG-DJJ-1) Submitted: December 20, 2013 Decided: February 6, 2014 Before NIEMEYER, DAVIS, and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Brian J. Kornbrath, Federal Public Defender, Clarksburg, West Virginia, for Appellant. Stephen Donald Warner, Assistant United States Attorney, Elkins, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Brian Clifton Jackson appeals his conviction and the eighty-four-month sentence imposed following his guilty plea to use of a communication transaction, Jackson s in facility violation counsel has of filed in 21 a furtherance U.S.C. brief § of a 843(b) pursuant to drug (2012). Anders v. California, 386 U.S. 738 (1967), concluding that there are no meritorious issues for appeal. Jackson was notified of his right to file a pro se supplemental brief but has not done so. The Government has declined to file a response brief. Following a careful review of the record, we affirm. Before accepting Jackson s guilty plea, the district court conducted a thorough plea colloquy, fully complying with Fed. R. Crim. P. 11 and ensuring that Jackson s plea was knowing and voluntary and supported by an independent factual basis. See United States v. DeFusco, 949 F.2d 114, 117 (4th Cir. 1991). The court subsequently followed all necessary procedural steps in sentencing Jackson, properly calculating his Guidelines range, considering the 18 U.S.C. § 3553(a) (2012) factors and the parties arguments, and providing assessment based on the facts presented. States, 552 U.S. 38, 51 (2007). an individualized See Gall v. United Jackson s within-Guidelines sentence is presumed substantively reasonable on appeal, and he 2 has not met his burden to rebut this presumption. United States v. Montes-Pineda, 445 F.3d 375, 379 (4th Cir. 2006). In accordance with Anders, we have reviewed the record in this case and have found no meritorious issues for appeal. We therefore affirm Jackson s conviction and sentence. This court requires that counsel inform Jackson, in writing, of the right to petition United States for further review. the Supreme Court of the If Jackson 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 Jackson. We dispense with oral argument because the facts and legal before contentions this court are and adequately argument presented will not in aid the the materials decisional process. AFFIRMED 3
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