Documente Academic
Documente Profesional
Documente Cultură
No. 12-4692
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston.
John T. Copenhaver,
Jr., District Judge. (2:12-cr-00035-1)
Submitted:
Decided:
April 9, 2013
John H. Tinney, Jr., THE TINNEY LAW FIRM, PLLC, Charleston, West
Virginia, for Appellant.
Monica D. Coleman, Assistant United
States Attorney, Charleston, West Virginia, for Appellee.
PER CURIAM:
Darrell Spencer appeals his 120-month below-Guidelines
sentence imposed after he pled guilty to aiding and abetting the
distribution
841(a)(1)
counsel
of
cocaine
(2006),
for
and
Spencer
California,
386
meritorious
issues
base,
18
filed
U.S.
738
for
in
violation
U.S.C.
a
brief
(1967),
appeal
of
(2006).
On
pursuant
to
asserting
but
21
appeal,
Anders
there
questioning
U.S.C.
are
whether
v.
no
the
the
Sentencing
Guidelines.
Spencer
has
not
filed
two
substance
4B1.1(a)
prior
felony
offense.
(2011).
convictions
U.S.
Any
of
Sentencing
prior
controlled
Guidelines
sentence
of
Manual
imprisonment
exceeding one year and one month that was imposed within fifteen
years of the defendants commencement of the instant offense
[and that] . . . , whenever imposed, . . . resulted in the
defendant being incarcerated during any part of such fifteenyear
period
[is
counted].
Id.
2
4A1.2(e);
see
id.
4B1.2
cmt. n.3
(counting
provisions
of
4A1.2
are
applicable
to
revoked
until
in
October
January
1997.
1996,
In
He was
and
Spencer
2002,
Spencer
returned
was
to
prison
convicted
of
prison
with
ten
years
suspended.
Spencer
remained
Both
the
fifteen
years
prior
to
the
instant
offense
and,
This court
If
Spencer
requests
that
petition
be
filed,
but
counsel
may
move
representation.
in
this
court
for
leave
to
withdraw
from
contentions
this
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED