United States v. Cockrell

U.S. Court of Appeals for the Fourth Circuit
United States v. Cockrell, 204 F. App'x 310 (4th Cir. 2006)

United States v. Cockrell

Opinion

*311 PER CURIAM:

Cheree Ann Cockrell pled guilty without a plea agreement to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1) (2000). The district court sentenced Cockrell as an armed career criminal pursuant to 18 U.S.C. § 924(e)(1) (2000), which carries a statutory mandatory minimum sentence of fifteen years’ imprisonment. Cockrell received the minimum 180 months’ imprisonment.

On appeal, Cockrell’s counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), asserting that there exist no meritorious issues for appeal but contending that the district court imposed an unreasonable sentence because Cockrell has been rehabilitated, and no further punishment is necessary. * However, as noted by both the district court and Cockrell’s counsel, the term of imprisonment imposed in this case is the mandatory minimum sentence pursuant to 18 U.S.C. § 924(e)(1). Because the district court could not have given a lower sentence under the terms of the statute, the sentence is not unreasonable.

In accordance with Anders, we have reviewed the record in this case and have found no meritorious issues for appeal. We therefore affirm Cockrell’s conviction and sentence. This court requires 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 move in this court 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

*

Although notified of her right to do so, Cockrell has not submitted a pro se supplemental brief.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Cheree Ann COCKRELL, A/K/a, Cheree Ann Helms, Defendant-Appellant
Status
Unpublished