United States v. Choice

U.S. Court of Appeals for the Fourth Circuit
United States v. Choice, 102 F. App'x 799 (4th Cir. 2004)

United States v. Choice

Opinion

PER CURIAM:

Eddie Sweeny Choice appeals his conviction and eighty-two month sentence after pleading guilty pursuant to a written plea agreement to unlawful possession of a firearm in violation of 21 U.S.C. § 922(g)(1) (2000). His attorney has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), stating that there are no meritorious issues for appeal, but raising the issue of whether the district court failed to follow the requirements of Fed.R.Crim.P. 11 at the plea hearing. Although notified by both this court and his attorney of his right to file a pro se supplemental brief, Choice has not done so. Finding no reversible error, we affirm.

Choice contends his plea hearing failed to comport with Rule 11. As Choice raised no objection to the Rule 11 proceeding below, we review this claim for plain error. United States v. General, 278 F.3d 389, 394 (4th Cir.), cert. denied, 536 U.S. 950, 122 S.Ct. 2643, 153 L.Ed.2d 821 *800 (2002). In light of the district court’s thorough plea colloquy, we find Choice was fully aware of his rights and the consequences of his plea and that his plea was knowing and voluntary. We find the district court complied with the requirements of Rule 11 in accepting Choice’s plea.

We have reviewed the entire record in this case in accordance with the requirements of Anders, and find no meritorious issues for appeal. Accordingly, we affirm Choice’s conviction and sentence. This Court requires that counsel inform his client, in writing, of his 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 move in this court for leave to withdraw from representation. 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 of America, Plaintiff—Appellee, v. Eddie Sweeney CHOICE, Defendant—Appellant
Cited By
3 cases
Status
Unpublished