United States v. Moore , 87 F. App'x 311 ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-4466
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TROY ALLEN MOORE,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Big Stone Gap. James P. Jones, District
Judge. (CR-02-10059)
Submitted: December 18, 2003 Decided: January 15, 2004
Before LUTTIG, SHEDD, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Louis Dene, DENE & DENE, P.C., Abingdon, Virginia, for Appellant.
John L. Brownlee, United States Attorney, R. Lucas Hobbs, Assistant
United States Attorney, Abingdon, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Troy Allen Moore appeals his conviction and sentence on
narcotics and firearms charges, in violation of 18 U.S.C.
§§ 922(g)(9), 924(c) (2000), 21 U.S.C. § 841(a)(1) (2000). The
district court sentenced Moore to a total of 106 months’
imprisonment, five years of supervised release, and a $700 special
assessment. Moore’s attorney has filed a brief in accordance with
Anders v. California, 386 U.S. 738 (1967), discussing the propriety
of the district court’s two level enhancement pursuant to U.S.
Sentencing Guidelines Manual § 3C1.1 (2002), but concluding that
there are no meritorious grounds for appeal. Moore was notified of
his right to file an additional brief, but failed to do so.
By counsel, Moore challenges the enhancement of his
offense level for perjury at trial. Moore’s trial testimony was a
direct attempt to rebut the evidence against him, including that
offered by Special Agent Tom Lesnak of the Bureau of Alcohol,
Tobacco, Firearms and Explosives, and the contents of an audio tape
which recorded illegal narcotics transactions between Moore and a
government informant. At trial, Moore denied selling any drugs to
the informant and further denied admissions he made following his
arrest that he sold drugs to the informant and that he was a user
of illegal drugs. We have reviewed the record and conclude that
the district court’s enhancement of Moore’s sentence was made in
accordance with the mandates of United States v. Dunnigan, 507 U.S.
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87, 95 (1993), and was proper. There was ample evidence to support
the district court’s determination that Moore’s testimony was
false, material, and was not due to confusion, mistake, or a
faulty memory. Id. at 94.
In accordance with Anders, we have thoroughly examined
the entire record for any potentially meritorious issues; we find
none. There were no irregularities in the pre-trial or trial
process, and we find that Moore was sentenced upon a proper
application of the United States Sentencing Guidelines and
consistent with statutory and constitutional law. Accordingly, we
affirm Moore’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 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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