Académique Documents
Professionnel Documents
Culture Documents
No. 10-4174
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville.
Richard L.
Voorhees, District Judge. (5:07-cr-00050-RLV-DSC-5)
Submitted:
June 9, 2011
NIEMEYER,
Decided:
Circuit
Judges,
and
HAMILTON,
Joseph
R.
Conte,
LAW OFFICES
OF
J.R.
CONTE,
P.L.L.C.,
Washington, D.C., for Appellant.
Amy Elizabeth Ray, Assistant
United States Attorney, Asheville, North Carolina, for Appellee.
PER CURIAM:
Chakiris Lageorge Ramsey appeals his conviction after
a guilty plea and 147-month sentence for one count of conspiracy
to possess with intent to distribute a quantity of cocaine and
cocaine
base
(2006);
one
in
violation
count
of
of
21
possession
U.S.C.
with
841(b)(1)(A),
intent
to
846
distribute
the
mandates
of
Fed.
R.
Crim.
P.
11,
whether
Ramseys
his
appellate
ineffective.
rights,
and
whether
trial
counsel
was
I.
We affirm.
Appeal Waiver
waiver,
review.
this
court
conduct
the
required
Anders
II.
(1)
an
error
was
made;
(2)
the
error
564
F.3d
337,
within
[this
342-43
is
plain;
and
United States v.
(reviewing
courts]
discretion,
and
[the
court]
fairness,
integrity
or
public
reputation
of
judicial
proceedings.
The
be
calculated
and
the
rights
that
Ramsey
abandoned
by
adequate
factual
basis,
we
conclude
that
the
plea
was
III.
Sentence
months,
pursuant
to
plus
18
mandatory
U.S.C.
five
924(e)
year
(2006),
consecutive
because
for
assistance.
downward
departure
due
to
sentence
Ramsey
was
The Government
Ramseys
substantial
advisory Guidelines range was 108 to 135 months plus the five
year mandatory consecutive sentence.
appellate
court
reviews
sentence
for
Gall v.
of
both
the
reasonableness of a sentence.
procedural
Id.
and
substantive
by
the
selected sentence.
parties,
and
sufficiently
explained
the
An extensive explanation
[the
arguments
district
and
has
court]
reasoned
has
basis
considered
for
the
parties
exercising
[its]
own
F.3d 495, 500 (4th Cir.) (quoting Rita v. United States, 551
U.S. 338, 356 (2007)), cert. denied, 131 S. Ct. 165 (2010).
While
we
note
that
the
district
court
imposed
did not explain its sentence, but nevertheless suggests that the
sentence should be affirmed.
record, and we agree.
from
his
original
Guidelines
range
and
received
sentence
nearly two years less than the low end of his revised Guidelines
5
range.
to
the
substantive
reasonableness
of
the
calculated
Guidelines
range
is
reasonable.
was
considerably
lower
than
his
advisory
United
Ramseys
Guidelines
Accordingly,
the
sentence
was
substantively
reasonable.
IV.
Counsel
ineffective.
next
Claims
addresses
of
whether
ineffective
trial
counsel
assistance
of
was
counsel
United States v.
his
motion.
claims
Id.;
on
in
United
28
States
However,
direct
ineffective
U.S.C.A.
v.
2255
Hoyle,
ineffective
appeal
if
the
assistance.
6
(West
33
Supp.
F.3d
assistance
record
United
2010)
415,
418
claims
are
conclusively
States
v.
Richardson, 195 F.3d 192, 198 (4th Cir. 1999); King, 119 F.3d at
295.
We
have
ineffective
reviewed
assistance
records face.
of
the
record,
counsel
is
and
not
we
conclude
conclusive
on
that
the
appeal.
In accordance with Anders, we have reviewed the record
in this case and have found no meritorious issues for appeal.
We therefore affirm the district courts judgment.
This court
the
Supreme
review.
If
Ramsey
Court
of
requests
the
that
United
a
States
petition
for
be
further
filed,
but
may
move
representation.
in
this
court
for
leave
to
withdraw
from
contentions
the
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED