United States v. Goolsby , 12 F. App'x 148 ( 2001 )


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  •                           UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    UNITED STATES OF AMERICA,               
    Plaintiff-Appellee,
    v.                              No. 00-4910
    JEREMY DEMOND GOOLSBY,
    Defendant-Appellant.
    
    Appeal from the United States District Court
    for the Middle District of North Carolina, at Durham.
    N. Carlton Tilley, Jr., Chief District Judge.
    (CR-00-83)
    Submitted: May 8, 2001
    Decided: June 18, 2001
    Before LUTTIG, TRAXLER, and KING, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    COUNSEL
    Louis C. Allen, III, Federal Public Defender, Gregory Davis, Assis-
    tant Federal Public Defender, Greensboro, North Carolina, for Appel-
    lant. Walter C. Holton, Jr., United States Attorney, Sandra J. Hairston,
    Assistant United States Attorney, Greensboro, North Carolina, for
    Appellee.
    2                      UNITED STATES v. GOOLSBY
    Unpublished opinions are not binding precedent in this circuit. See
    Local Rule 36(c).
    OPINION
    PER CURIAM:
    Jeremy Demond Goolsby appeals the seventy-eight month sentence
    imposed by the district court following his guilty plea to distribution
    of crack cocaine in violation of 
    21 U.S.C.A. § 841
    (a)(1), (b)(1)(C)
    (West 1999). Goolsby’s counsel has filed a brief in accordance with
    Anders v. California, 
    386 U.S. 738
     (1967). Although Goolsby was
    informed of his right to file a supplemental brief, he has not done so.
    His attorney raises only one issue.
    Goolsby contends the district court erred in determining the
    amount of drugs upon which Goolsby’s sentence was based. This
    Court reviews for clear error the district court’s factual finding con-
    cerning the amount of drugs attributable to a defendant for sentencing
    purposes. See United States v. Randall, 
    171 F.3d 195
    , 210 (4th Cir.
    1999). Because Goolsby entered into a stipulation regarding the
    amount of drugs attributable to him, which the district court found to
    have a reasonable factual basis, we find the district court did not
    clearly err. See United States v. Williams, 
    29 F.3d 172
    , 174 (4th Cir.
    1994); United States v. Gilliam, 
    987 F.2d 1009
    , 1013 (4th Cir. 1993).
    Pursuant to Anders, this court has reviewed the record for revers-
    ible error and found none. We therefore affirm. We deny counsel’s
    motion to withdraw at this time. 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 a petition
    be filed, but counsel believes such a petition would be frivolous, then
    counsel may move in this court for leave to withdraw from represen-
    tation. 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
    

Document Info

Docket Number: 00-4910

Citation Numbers: 12 F. App'x 148

Judges: King, Luttig, Per Curiam, Traxler

Filed Date: 6/18/2001

Precedential Status: Non-Precedential

Modified Date: 8/6/2023