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32 views3 pagesUnited States v. Jones, 4th Cir. (2009)
James Jones pled guilty to possession of a firearm by a felon. He was sentenced to the mandatory minimum of 180 months in prison. Jones appealed, arguing that he did not understand the mandatory minimum at the time of his plea. The court reviewed the plea hearing transcript and found that the district court fully informed Jones of the mandatory minimum and that Jones acknowledged his understanding. The appellate court affirmed Jones' conviction and sentence, finding no error in the guilty plea.
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32 views3 pagesUnited States v. Jones, 4th Cir. (2009)
James Jones pled guilty to possession of a firearm by a felon. He was sentenced to the mandatory minimum of 180 months in prison. Jones appealed, arguing that he did not understand the mandatory minimum at the time of his plea. The court reviewed the plea hearing transcript and found that the district court fully informed Jones of the mandatory minimum and that Jones acknowledged his understanding. The appellate court affirmed Jones' conviction and sentence, finding no error in the guilty plea.
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/ 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-4720
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JAMES ALBERT JONES,
Defendant - Appellant.
Appeal from the United States District Court for District of
South Carolina, at Anderson.
Henry M. Herlong, Jr., District
Judge. (8:06-cr-01264-HMH-1)
Submitted:
January 15, 2009
Before MOTZ and
Circuit Judge.
SHEDD,
Decided:
Circuit
Judges,
and
January 22, 2009
HAMILTON,
Senior
Affirmed by unpublished per curiam opinion.
Mario A. Pacella, STROM
Carolina, for Appellant.
United
States
Attorney,
Appellee.
LAW FIRM, L.L.C., Columbia, South
Maxwell B. Cauthen, III, Assistant
Greenville,
South
Carolina,
for
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
James
firearm
by
Albert
Jones
convicted
pled
felon,
922(g)(1), 924(e) (2006).
minimum
of
180
months
supervised release. *
guilty
in
to
possession
violation
of
18
of
U.S.C.
He was sentenced to the mandatory
imprisonment
and
five-year
term
of
Jones counsel has filed an appeal under
Anders v. California, 386 U.S. 738 (1967), stating that, in his
opinion, there are no meritorious issues for appeal, but raising
the issue of whether Jones entered his guilty plea knowingly and
voluntarily.
Jones specifically challenges the district courts
failure to vacate the plea when Jones stated at sentencing that
he
did
not
understand
his
mandatory
Government declined to file a brief.
supplemental brief.
minimum
sentence.
The
Jones has filed a pro se
Finding no error, we affirm.
In the absence of a motion to withdraw a guilty plea,
we review the adequacy of the guilty plea pursuant to Fed. R.
United States v. Martinez, 277
Crim. P. 11 for plain error.
F.3d 517, 525 (4th Cir. 2002).
A review of the transcript of
Jones guilty plea hearing reveals that the district court fully
complied with the requirements of Rule 11.
Jones plea was
The district court granted Jones 28 U.S.C. 2255 (2006)
motion raising a claim under United States v. Peak, 992 F.2d 39,
42 (4th Cir. 1993), and reinstated judgment for purposes of
allowing Jones to file an appeal.
knowingly,
knowledge
voluntarily,
of
the
and
intelligently
consequences
attendant
made,
to
his
with
full
guilty
plea.
Specifically, we find the district court informed Jones of the
statutory
mandatory
minimum
sentence
acknowledged that he understood.
error.
he
faced
and
Jones
We therefore find no plain
We further find no merit to Jones claim in his pro se
supplemental brief.
In accordance with Anders, we have reviewed the entire
record in this case and have found no meritorious issues for
appeal.
We therefore affirm Jones conviction and sentence.
This court requires that counsel inform Jones, in writing, of
his right to petition the Supreme Court of the United States for
further review.
If Jones requests that a petition be filed, but
counsel believes that such a petition would be frivolous, then
counsel
may
move
representation.
in
and
materials
legal
before
court
for
leave
to
withdraw
from
Counsels motion must state that a copy thereof
was served on Jones.
facts
this
We dispense with oral argument because the
contentions
the
court
are
adequately
and
argument
presented
would
not
in
the
aid
the
decisional process.
AFFIRMED
