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    United States v. Johnston, 4th Cir. (2002)

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    1) William Johnston pleaded guilty to possession of a firearm after a felony conviction, possession with intent to distribute cocaine base, and using a firearm during a drug trafficking crime. He received a life sentence due to two prior felony drug convictions. 2) Johnston argued that the government breached his plea agreement by refusing to file a motion for downward departure, but the plea agreement left this decision to the government's discretion. There is no evidence the government acted in bad faith. 3) The appeals court found no issues of merit after reviewing the entire record, as Johnston's plea was knowing and voluntary and his sentence was statutorily mandated. It remanded to correct clerical errors in the judgment order.

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    United States v. Johnston, 4th Cir. (2002)

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    1) William Johnston pleaded guilty to possession of a firearm after a felony conviction, possession with intent to distribute cocaine base, and using a firearm during a drug trafficking crime. He received a life sentence due to two prior felony drug convictions. 2) Johnston argued that the government breached his plea agreement by refusing to file a motion for downward departure, but the plea agreement left this decision to the government's discretion. There is no evidence the government acted in bad faith. 3) The appeals court found no issues of merit after reviewing the entire record, as Johnston's plea was knowing and voluntary and his sentence was statutorily mandated. It remanded to correct clerical errors in the judgment order.

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    Filed: 2002-09-11 Precedential Status: Non-Precedential Docket: 02-4254

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    1) William Johnston pleaded guilty to possession of a firearm after a felony conviction, possession with intent to distribute cocaine base, and using a firearm during a drug trafficking crime. He received a life sentence due to two prior felony drug convictions. 2) Johnston argued that the government breached his plea agreement by refusing to file a motion for downward departure, but the plea agreement left this decision to the government's discretion. There is no evidence the government acted in bad faith. 3) The appeals court found no issues of merit after reviewing the entire record, as Johnston's plea was knowing and voluntary and his sentence was statutorily mandated. It remanded to correct clerical errors in the judgment order.

    Copyright:

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    25 views3 pages

    United States v. Johnston, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    1) William Johnston pleaded guilty to possession of a firearm after a felony conviction, possession with intent to distribute cocaine base, and using a firearm during a drug trafficking crime. He received a life sentence due to two prior felony drug convictions. 2) Johnston argued that the government breached his plea agreement by refusing to file a motion for downward departure, but the plea agreement left this decision to the government's discretion. There is no evidence the government acted in bad faith. 3) The appeals court found no issues of merit after reviewing the entire record, as Johnston's plea was knowing and voluntary and his sentence was statutorily mandated. It remanded to correct clerical errors in the judgment order.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    v.
    WILLIAM JOHNSTON, a/k/a Sld Dft 1,
    Defendant-Appellant.

    No. 02-4254

    Appeal from the United States District Court


    for the Western District of North Carolina, at Charlotte.
    Graham C. Mullen, Chief District Judge.
    (CR-00-135)
    Submitted: August 22, 2002
    Decided: September 11, 2002
    Before WILKINS, WILLIAMS, and KING, Circuit Judges.

    Affirmed and remanded by unpublished per curiam opinion.

    COUNSEL
    Marshall A. Swann, Charlotte, North Carolina, for Appellant. Robert
    J. Conrad, Jr., United States Attorney, Robert J. Gleason, Assistant
    United States Attorney, Charlotte, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit. See


    Local Rule 36(c).

    UNITED STATES v. JOHNSTON

    OPINION
    PER CURIAM:
    William Johnston pleaded guilty to possession of a firearm after
    having been convicted of a crime punishable by more than one year
    imprisonment, in violation of 18 U.S.C. 922(g) (2000); possession
    with intent to distribute 50 grams or more of cocaine base, in violation of 21 U.S.C. 841(a)(1) (2000); and using, possessing, and carrying a firearm during and in relation to a drug trafficking crime, in
    violation of 18 U.S.C. 924(c)(1) (2000). The Government sought an
    enhanced sentence pursuant to 21 U.S.C. 851 (2000), based upon
    Johnstons two previous felony drug convictions. Johnstons attorney
    has filed a brief in accordance with Anders v. California, 386 U.S.
    738 (1967), raising one potential issue for review but stating that, in
    his view, there are no meritorious issues for appeal. Johnston was
    advised of his right to file a pro se supplemental brief, but he did not
    do so.
    Johnston contends that the Government breached the plea agreement by refusing to file a motion for downward departure pursuant to
    5K1.1 of the Sentencing Guidelines.* Johnstons plea agreement,
    however, contained no unconditional promise to file a motion for
    downward departure, but instead left the decision to the Governments discretion. There is no evidence that the Governments refusal
    to move for a downward departure was based upon an unconstitutional motive or that the Government acted in bad faith. See Wade v.
    United States, 504 U.S. 181, 185-86 (1992); United States v. Snow,
    234 F.3d 187, 190-91 (4th Cir. 2000). We conclude that Johnstons
    allegation of a breach of the plea agreement is meritless.
    In accordance with Anders, we have reviewed the entire record in
    this case. Our review convinces us that Johnstons plea was knowing
    and voluntary, and was supported by an adequate factual basis. See
    Fed. R. Crim. P. 11. Johnstons sentence of life imprisonment was
    statutorily mandated. We have found no meritorious issues for appeal,
    and we therefore affirm Johnstons convictions and sentence. We
    *U.S. Sentencing Guidelines Manual (2000).

    UNITED STATES v. JOHNSTON

    remand the case to the district court for correction of clerical errors
    in the judgment order. See Fed. R. Crim. P. 36. Specifically, the "Nature of Offense" descriptions on page one of the order are incorrect
    for Counts One and Two, as is the statutory citation under Count
    Two. These errors do not affect the validity of Johnstons convictions
    or 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. Counsels 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 AND REMANDED

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