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December 6, 2012
No. 11-4953
(4:11-cr-00416-TLW-5)
O R D E R
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-4953
Appeal from the United States District Court for the District of
South Carolina, at Florence.
Terry L. Wooten, District Judge.
(4:11-cr-00416-TLW-5)
Submitted:
Decided:
October 2, 2012
PER CURIAM:
Shawn Jermaine Davis pled guilty in accordance with a
written
plea
agreement
to
conspiracy
to
distribute
five
kilograms
or
more
of
marijuana,
and
quantity
has
California,
concluding
Davis
filed
brief
386
U.S.
738
that
there
are
has
filed
additional issue.
pro
in
(1967),
no
with
raising
meritorious
se
He was
accordance
supplemental
two
issues
of
His
Anders
issues
for
v.
but
appeal.
brief
raising
an
questions
whether
the
We affirm.
I
In
the
Anders
brief,
counsel
transcript
of
the
Rule
plea
was
knowing
11
proceeding
Our review of
discloses
full
voluntary
and
that
there
was
II
Counsel
reasonable.
next
Davis
questions
advisory
whether
Guidelines
2
the
range
sentence
was
is
262-327
months.
There
investigation
were
report,
no
which
objections
the
court
to
the
adopted.
presentence
In
imposing
history,
including
several
drug
convictions
and
first
determine
whether
the
district
court
Id.
correctly
applicable
presented
by
3553(a)
the
selected sentence.
(4th
Cir.
2010).
factors,
parties,
and
analyzed
sufficiently
the
arguments
explained
the
respect
to
the
explanation
of
the
If
circumstances
and
reasonablei.e.,
to
decide
whether
the
whether
[d]istrict
the
sentence
[j]udge
abused
was
his
individualized
3553(a)
factors.
Guidelines
range,
assessment,
The
is
and
sentence,
presumptively
taking
which
into
account
the
falls
within
the
reasonable,
see
United
States v. Go, 517 F.3d 216, 218 (4th Cir. 2008), and Davis did
not rebut this presumption.
III
In his pro se brief, Davis claims that his attorney
was ineffective.
establishes
counsels
4
objectively
unreasonable
F.3d
424,
435
(4th
Cir.
2008).
Rather,
to
allow
for
not
conclusively
appear
on
the
record.
We
therefore
IV
In accordance with Anders, we have reviewed the record
in this case and have found no meritorious issues for appeal.
We therefore affirm Davis conviction and sentence.
This court
the
Supreme
Court
of
the
United
States
for
further
review.
move
in
representation.
this
court
for
leave
to
withdraw
from
contentions
are
adequately
presented
in
the
materials
before
the
court
and
argument
would
not
aid
the
decisional
process.
AFFIRMED