United States v. Bush , 384 F. App'x 236 ( 2010 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 09-4153
    UNITED STATES OF AMERICA,
    Plaintiff – Appellee,
    v.
    ASHONTA BUSH, a/k/a Chubby, a/k/a Chubs,
    Defendant – Appellant.
    Appeal from the United States District Court for the Eastern
    District of North Carolina, at New Bern.   Louise W. Flanagan,
    Chief District Judge. (2:08-cr-00017-FL-1)
    Submitted:   April 30, 2010                  Decided:    June 22, 2010
    Before NIEMEYER and     GREGORY,   Circuit   Judges,    and   HAMILTON,
    Senior Circuit Judge.
    Affirmed by unpublished per curiam opinion.
    Walter A. Schmidlin, III, STEWART & SCHMIDLIN, PLLC, Smithfield,
    North Carolina, for Appellant.        Jennifer P. May-Parker,
    Assistant United States Attorney, Raleigh, North Carolina, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Ashonta Bush pled guilty pursuant to a plea agreement
    to   conspiracy      to     distribute            and   possess        with    intent       to
    distribute    fifty       grams    of    cocaine        base     and    more       than   five
    hundred   grams     of    cocaine,       in       violation      of    
    21 U.S.C. § 846
    (2006).     According to the terms of Bush’s plea agreement, Bush
    and the Government agreed that the relevant, provable quantities
    of controlled substances to be used in calculating Bush’s base
    offense level were not more than four kilograms of cocaine and
    not more than four kilograms of cocaine base.                               At sentencing,
    the district court determined Bush was a career offender and
    that he had an advisory guidelines range of 240 to 293 months’
    imprisonment.       The district court then sentenced Bush to the
    statutory        mandatory        minimum          sentence        of        240     months’
    imprisonment.      Bush timely noted his appeal.
    On    appeal,     Bush       has       filed     a    brief       pursuant      to
    Anders v. California, 
    386 U.S. 738
     (1967). ∗                          The sole issue in
    Bush’s    Anders     brief        is    whether         a   violation         of    N.C.G.S.
    § 20-141.5, Speeding to Elude Arrest, qualifies as a predicate
    offense for purposes of the U.S. Sentencing Guidelines Manual
    (“USSG”) § 4B1.1 Career Offender enhancement.                               Bush has also
    ∗
    The Government has not sought to invoke Bush’s waiver of
    appellate rights against him.
    2
    filed a pro se supplemental brief, in which he raises a number
    of issues.     Finding no error, we affirm.
    Bush argues that a violation of N.C.G.S. § 20-141.5
    does not constitute a crime of violence for purposes of USSG
    § 4B1.1.     Pursuant to USSG § 4B1.1, a defendant is subject to a
    Career Offender enhancement if: (i) the defendant was at least
    eighteen years of age at the time of the offense of conviction;
    (ii) the offense of conviction is a felony crime of violence or
    a controlled substance offense; and (iii) the defendant has at
    least two prior felony convictions of either a crime of violence
    or a controlled substance offense.       A crime of violence is a
    state or federal offense punishable by imprisonment for a term
    exceeding one year that
    (1) has as an element the use, attempted use, or
    threatened use of physical force against the person of
    another, or (2) is burglary of a dwelling, arson, or
    extortion, involves use of explosives, or otherwise
    involves conduct that presents a serious potential
    risk of physical injury to another.
    USSG § 4B1.2(a).     Bush argues that Speeding to Elude Arrest does
    not fall within the “otherwise” prong of USSG § 4B1.2.
    A     violation   of    N.C.G.S.   § 20-141.5   involves
    purposeful, violent, and aggressive conduct such that Speeding
    to Elude Arrest is a violent felony for purposes of USSG §
    4B1.2.       United States v. Owens, 
    2010 WL 23163
    , *3 (4th Cir.
    3
    2010) (unpublished).           Accordingly, Bush’s argument is without
    merit.
    Bush has also filed a pro se supplemental brief in
    which he raises a litany of alleged errors.                   We have reviewed
    Bush’s pro se supplemental brief and find the asserted errors
    without merit.
    In accordance with Anders, we have reviewed the record
    in this case and have found no meritorious issues for appeal.
    We   therefore    deny       Bush’s    motion    to    compel      production    of
    documents,     deny    his    motion   for    appointment     of    counsel,    and
    affirm Bush’s conviction and sentence.                This court requires that
    counsel inform Bush, in writing, of the right to petition the
    Supreme Court of the United States for further review.                     If Bush
    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.                     Counsel’s
    motion must state that a copy thereof was served on Bush.
    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
    4
    

Document Info

Docket Number: 09-4153

Citation Numbers: 384 F. App'x 236

Judges: Gregory, Hamilton, Niemeyer, Per Curiam

Filed Date: 6/22/2010

Precedential Status: Non-Precedential

Modified Date: 8/3/2023