United States v. Washington
Opinion of the Court
Troy Renald Washington pleaded guilty to possession of materials transported in interstate commerce depicting minors in sexually explicit conduct, in violation of 18 U.S.C.A. § 2252A(a)(4)(B) (West 2000 & Supp. 2007), and was sentenced to 120 months in prison to be followed by a lifetime term of supervised release. Appellate counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), raising
This court will affirm a sentence that is within the statutorily prescribed range and is reasonable. United States v. Moreland, 437 F.3d 424, 433 (4th Cir.), cert. denied, 547 U.S. 1142, 126 S.Ct. 2054, 164 L.Ed.2d 804 (2006). “[A] sentence within the proper advisory Guidelines range is presumptively reasonable.” United States v. Johnson, 445 F.3d 339, 341 (4th Cir. 2006); see Rita v. United States, — U.S. -, 127 S.Ct. 2456, 2462, 168 L.Ed.2d 203 (2007) (upholding application of rebuttable presumption of reasonableness to within-guidelines sentence).
Washington’s 120-month sentence was the statutory mandatory minimum sentence because, as he acknowledged in his plea agreement, Washington had “at least one prior conviction” relating to abusive sexual conduct involving a minor.
As required by Anders, we have reviewed the entire record and have found no meritorious issues for appeal. We therefore affirm Washington’s conviction and sentence. This court requires that counsel inform her 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. 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
Washington had prior state convictions for indecent liberties with a child and second degree exploitation of a minor.
Reference
- Full Case Name
- United States v. Troy Renald WASHINGTON
- Status
- Published