United States v. Marvin White

U.S. Court of Appeals for the Fourth Circuit
United States v. Marvin White, 707 F. App'x 133 (4th Cir. 2017)

United States v. Marvin White

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Marvin Joshua White seeks to appeal his 180-month sentence, imposed pursuant to a Fed. R. Crim. P. 11(c)(1)(C) plea agreement, for possession with intent to distribute crack cocaine. White’s counsel 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 questioning whether the district court imposed an unreasonable sentence. White filed a pro se brief contending that the district court improperly denied his motion to suppress, and that he is entitled, to a sentence reduction pursuant to Amendment 794 to the U.S. Sentencing Guidelines. We dismiss in part and affirm in part,

We generally review a defendant’s sentence “under a deferential abuse-of-discretion standard." Gall v. United States, 552 U.S. 38, 41, 128 S.Ct 586, 169 L.Ed.2d 445 (2007). “However, not all sentences are subject to appellate review.” United States v. Williams, 811 F.3d 621, 622-23 (4th Cir. 2016). In this case, we lack jurisdiction to review. White’s sentence of imprisonment because the district court sentenced White in accordance with the terms of his Rule 11(c)(1)(C) plea agreement, the sentence is not unlawful, and the sentence is not based on the Sentencing Guidelines. See id. at 623-25. We therefore dismiss White’s appeal of his sentence.

We have considered the arguments assorted in White’s pro se supplemental brief and conclude they are without merit. In accordance with Anders, within the constraints set forth in Williams, we have reviewed the entire record in this case and have found no meritorious issues for review. We therefore affirm White’s conviction. This court requires that counsel inform White, in writing, of the right to petition the Supreme Court of the United States for further review. If White 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 White.

We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED IN PART; DISMISSED IN PART

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Marvin Joshua WHITE, Defendant-Appellant
Status
Unpublished