United States v. Harward
Opinion of the Court
Elizabeth Ann Harward appeals her convictions and sentences for conspiracy to possess with intent to distribute anabolic steroids in violation of 21 U.S.C. §§ 846; 841(a)(1), (b)(1)(D) (2000) and possession
We review the district court’s factual determinations concerning the application of the Sentencing Guidelines for clear error and legal conclusions de novo. United States v. Daughtrey, 874 F.2d 213, 217 (4th Cir. 1989). After careful consideration, we find the preponderance of the evidence demonstrates that Harward committed a new criminal offense while on bond. Accordingly, the district court properly increased the offense level for the offense committed while on release by three levels. See U.S.S.G. § 2J1.7; 18 U.S.C. § 3147 (2000).
We have reviewed the record in accordance with Anders and find no meritorious issues. This court requires that counsel inform his client, in writing, of her right to petition the Supreme Court of the United States for further review. If the client requests that a petition be filed, but counsel believes that such a petition would be frivolous, then counsel may file a motion for leave to withdraw from representation. Counsel’s motion must state that a copy thereof was served on the client.
We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
AFFIRMED.
Reference
- Full Case Name
- United States v. Elizabeth Ann HARWARD
- Status
- Published