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    United States v. Patterson, 4th Cir. (2004)

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    The United States Court of Appeals for the Fourth Circuit affirmed Artie Patterson's sentence for violating the terms of his supervised release by selling crack cocaine. Patterson's lawyer argued the district court erred by sentencing Patterson outside the guideline range, but the Court of Appeals rejected this claim because the sentencing guidelines for supervised release violations are advisory, not mandatory. The Court of Appeals conducted an independent review of the record and found no meritorious issues for appeal. Therefore, it affirmed Patterson's sentence.

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    United States v. Patterson, 4th Cir. (2004)

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    The United States Court of Appeals for the Fourth Circuit affirmed Artie Patterson's sentence for violating the terms of his supervised release by selling crack cocaine. Patterson's lawyer argued the district court erred by sentencing Patterson outside the guideline range, but the Court of Appeals rejected this claim because the sentencing guidelines for supervised release violations are advisory, not mandatory. The Court of Appeals conducted an independent review of the record and found no meritorious issues for appeal. Therefore, it affirmed Patterson's sentence.

    Original Description:

    Filed: 2004-03-12 Precedential Status: Non-Precedential Docket: 03-4756

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    The United States Court of Appeals for the Fourth Circuit affirmed Artie Patterson's sentence for violating the terms of his supervised release by selling crack cocaine. Patterson's lawyer argued the district court erred by sentencing Patterson outside the guideline range, but the Court of Appeals rejected this claim because the sentencing guidelines for supervised release violations are advisory, not mandatory. The Court of Appeals conducted an independent review of the record and found no meritorious issues for appeal. Therefore, it affirmed Patterson's sentence.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    6 views2 pages

    United States v. Patterson, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed Artie Patterson's sentence for violating the terms of his supervised release by selling crack cocaine. Patterson's lawyer argued the district court erred by sentencing Patterson outside the guideline range, but the Court of Appeals rejected this claim because the sentencing guidelines for supervised release violations are advisory, not mandatory. The Court of Appeals conducted an independent review of the record and found no meritorious issues for appeal. Therefore, it affirmed Patterson's sentence.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-4756

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    ARTIE PATTERSON,
    Defendant - Appellant.

    Appeal from the United States District Court for the Southern
    District of West Virginia, at Beckley.
    David A. Faber, Chief
    District Judge. (CR-99-36)

    Submitted:

    February 27, 2004

    Decided:

    March 12, 2004

    Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Mary Lou Newberger, Federal Public Defender, Charleston, West


    Virginia, for Appellant. Kasey Warner, United States Attorney,
    Karen B. George, Assistant United States Attorney, Charleston, West
    Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Artie
    following

    his

    Pattersons
    sale

    of

    supervised

    crack

    release

    was

    He

    sentenced

    cocaine.

    thirty-six months of imprisonment.

    was

    revoked
    to

    On appeal, his counsel has

    filed a brief under Anders v. California, 386 U.S. 738 (1967),


    alleging that there are no meritorious claims on appeal but raising
    the following issue: whether the district court erred because it
    sentenced him outside the guideline range as calculated under U.S.
    Sentencing Guidelines Manual (USSG) 7B1.4, p.s. (2002).
    As counsel concedes, this claim fails because sentencing
    ranges as set out in USSG 7B1.4 are advisory and not binding.
    United States v. Davis, 53 F.3d 638, 640-41 (4th Cir. 1995).
    We have examined the entire record in this case in
    accordance with the requirements of Anders, and find no meritorious
    issues for appeal.

    Accordingly, we affirm.

    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.
    Counsels 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
    - 2 -

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