U.S. Court of Appeals for the Fourth Circuit, 2008

United States v. Searcy

United States v. Searcy
U.S. Court of Appeals for the Fourth Circuit · Decided May 27, 2008 · Duncan, Hamilton, Motz, Per Curiam
279 F. App'x 273

United States v. Searcy

Opinion

PER CURIAM:

Rodney Michael Searcy pled guilty to possession of a firearm by a convicted felon and was sentenced to 70 months in prison. On appeal, Searcy’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 are no meritorious issues for appeal, but raising the claim that Searcy received ineffective assistance of counsel. Although informed of his right to do so, Searcy has not filed a pro se supplemental brief. After reviewing the entire record for any meritorious claims, we affirm.

Claims of ineffective assistance of counsel are not cognizable on direct appeal unless the record conclusively establishes ineffective assistance. United States v. Richardson, 195 F.3d 192, 198 (4th Cir. 1999). To allow for adequate development of the record, claims of ineffective assistance generally should be brought in a 28 U.S.C. § 2255 (2000) motion. United States v. King, 119 F.3d 290, 295 (4th Cir. 1997). We find that the record does not conclusively establish ineffective assistance.

Accordingly, we affirm Searcy’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. 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.

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