Professional Documents
Culture Documents
No. 11-4075
Appeal from the United States District Court for the District of
South Carolina, at Florence. R. Bryan Harwell, District Judge.
(4:10-cr-00066-RBH-2)
Submitted:
Decided:
PER CURIAM:
James
Curtis
Alford
pleaded
guilty,
pursuant
to
distribution
of
five
grams
or
more
of
cocaine
base,
in
21
U.S.C.A.
841(b)(1)(B)
(West
1999
&
Supp.
2009)
at
Appellate
21
U.S.C.A.
counsel
filed
841(b)(1)(B)
a
brief
(West
pursuant
Supp.
to
2011)).
Anders
v.
F.3d 263, 271 (4th Cir. 2007) (stating that, if Anders brief is
filed
in
respond
case
with
allow[s]
review).
appeal
this
Initially,
waiver,
court
counsel
to
Governments
perform
questions
the
failure
required
whether
the
to
Anders
district
his
guilty
plea
in
the
2
court
or
otherwise
defendant must show that an error occurred, that the error was
plain,
and
that
United
States
States
v.
v.
the
error
Olano,
Massenburg,
affected
507
564
U.S.
F.3d
his
725,
337,
substantial
732-34
342-43
rights.
(1993);
(4th
Cir.
United
2009)
error
requirements).
We
have
reviewed
the
record
and
The court did not err because Alford had more than the
one criminal history point, which removes him from safety valve
eligibility.
In accordance with Anders, we have reviewed the entire
record in this case and have found no meritorious issues for
appeal.
court.
writing,
his
right
to
petition
the
Supreme
Court
of
the
We dispense with
oral
contentions
argument
adequately
because
presented
in
the
the
facts
and
materials
legal
before
the
court
are
and
AFFIRMED