United States v. Hernandez-Juarez , 60 F. App'x 455 ( 2003 )


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  •                           UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    UNITED STATES OF AMERICA,              
    Plaintiff-Appellee,
    v.
    JAVIER HERNANDEZ-JUAREZ, a/k/a
    Ramon Ache Figueroa-Juarez, a/k/a                No. 02-4849
    Javier Hernandez, a/k/a Javier
    Sabier Hernandez, a/k/a Ramon
    Figueroa-Juarez,
    Defendant-Appellant.
    
    Appeal from the United States District Court
    for the Middle District of North Carolina, at Durham.
    William L. Osteen, District Judge.
    (CR-02-168)
    Submitted: March 19, 2003
    Decided: March 31, 2003
    Before LUTTIG, TRAXLER, and SHEDD, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    COUNSEL
    Louis C. Allen III, Federal Public Defender, Gregory Davis, Assistant
    Federal Public Defender, Greensboro, North Carolina, for Appellant.
    Anna Mills Wagoner, United States Attorney, Angela H. Miller,
    Assistant United States Attorney, Greensboro, North Carolina, for
    Appellee.
    2                UNITED STATES v. HERNANDEZ-JUAREZ
    Unpublished opinions are not binding precedent in this circuit. See
    Local Rule 36(c).
    OPINION
    PER CURIAM:
    Javier Hernandez-Juarez, a native and citizen of Mexico, appeals
    his conviction and 95-month sentence after pleading guilty pursuant
    to a written plea agreement to illegally reentering the United States
    after having been previously deported subsequent to a conviction for
    an aggravated felony. His attorney has filed a brief pursuant to Anders
    v. California, 
    386 U.S. 738
     (1967), stating that there are no meritori-
    ous issues for appeal but raising the issue of whether the district court
    abused its discretion in sentencing Hernandez-Juarez to the high end
    of the sentencing guidelines range. Although notified by both this
    court and his attorney of his right to file a pro se supplemental brief,
    Hernandez-Juarez failed to file such a brief. Finding no reversible
    error, we affirm.
    The district court adopted Hernandez-Juarez’s presentence report
    ("PSR"), which properly calculated both Hernandez-Juarez’s base
    offense level and his criminal history. The PSR calculated a sentenc-
    ing guidelines range of 77-96 months, and the court sentenced
    Hernandez-Juarez to a 95-month term of imprisonment. A defendant
    may not challenge on appeal the district court’s discretionary decision
    to impose sentence at a particular point within a properly calculated
    guidelines range. United States v. Jones, 
    18 F.3d 1145
    , 1151 (4th Cir.
    1994); United States v. Porter, 
    909 F.2d 789
    , 794-95 (4th Cir. 1990).
    Hernandez-Juarez’s claim that the district court abused its discretion
    in sentencing him to a 95-month term of imprisonment thus fails.
    Hernandez-Juarez raises no other issue on appeal.
    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 Hernandez-Juarez’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
    UNITED STATES v. HERNANDEZ-JUAREZ                  3
    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. Coun-
    sel’s motion must state that a copy thereof was served on the client.
    We dispense with oral argument because the facts and legal conten-
    tions are adequately presented in the materials before the court and
    argument would not aid the decisional process.
    AFFIRMED
    

Document Info

Docket Number: 02-4849

Citation Numbers: 60 F. App'x 455

Judges: Luttig, Per Curiam, Shedd, Traxler

Filed Date: 3/31/2003

Precedential Status: Non-Precedential

Modified Date: 8/6/2023