U.S. Court of Appeals for the Fourth Circuit, 2007

United States v. Myers

United States v. Myers
U.S. Court of Appeals for the Fourth Circuit · Decided July 9, 2007 · Wilkinson, Gregory, Shedd
238 F. App'x 934

United States v. Myers

Opinion

PER CURIAM:

In these consolidated appeals, Tandrea Myers and Aaron Boone appeal their convictions and sentences for conspiracy to distribute 500 grams of cocaine and a quantity of marijuana in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B), (D) & 851 (2000). On appeal, counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), claiming there are no meritorious issues on appeal, but raising the question of whether the sentences were excessive. Boone filed a brief claiming trial counsel and appellate counsel were ineffective for not arguing that he had a defense of duress to the enhancement for obstruction of justice. Finding no error, we affirm.

We find the ranges of imprisonment were properly calculated under the sentencing guidelines. Thus, Myers’ and Boone’s sentence at the low end of the guideline range of imprisonment were reasonable. United States v. Johnson, 445 F.3d 339, 341 (4th Cir. 2006).

With respect to Boone’s claim counsel was ineffective, because the record does *935 not conclusively show that counsel was ineffective, we will not review the issue and he should raise such an issue in a 28 U.S.C. § 2255 (2000) motion. United States v. Richardson, 195 F.3d 192, 198 (4th Cir. 1999).

Pursuant to Anders, we have examined the entire record and find no meritorious issues for appeal. Accordingly, we affirm the convictions and sentences. We require counsel to inform the clients, in writing, of their right to petition the Supreme Court of the United States for further review. If a client requests a petition be filed, but counsel believes 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 in the decisional process.

AFFIRMED.

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