United States v. Searcy , 279 F. App'x 273 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-4622
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RODNEY MICHAEL SEARCY,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Robert J. Conrad, Jr.,
Chief District Judge. (3:06-cr-00091)
Submitted: May 22, 2008 Decided: May 27, 2008
Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Matthew C. Joseph, Charlotte, North Carolina, for Appellant. Amy
Elizabeth Ray, OFFICE OF THE UNITED STATES ATTORNEY, Asheville,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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 (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
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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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