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    United States v. Ford, 4th Cir. (2003)

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    The United States Court of Appeals for the Fourth Circuit affirmed James Ford's conviction for being a felon in possession of a firearm. Ford pled guilty without a plea agreement and was sentenced to 92 months in prison. His attorney filed an Anders brief challenging the denial of Ford's motion to suppress, but stating there were no meritorious issues for appeal. The court found that by entering an unconditional guilty plea, Ford waived his right to challenge the suppression ruling. The court conducted an independent review and found no reversible errors, so it affirmed Ford's conviction and sentence.

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    United States v. Ford, 4th Cir. (2003)

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    The United States Court of Appeals for the Fourth Circuit affirmed James Ford's conviction for being a felon in possession of a firearm. Ford pled guilty without a plea agreement and was sentenced to 92 months in prison. His attorney filed an Anders brief challenging the denial of Ford's motion to suppress, but stating there were no meritorious issues for appeal. The court found that by entering an unconditional guilty plea, Ford waived his right to challenge the suppression ruling. The court conducted an independent review and found no reversible errors, so it affirmed Ford's conviction and sentence.

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    Filed: 2003-07-15 Precedential Status: Non-Precedential Docket: 02-4793

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    The United States Court of Appeals for the Fourth Circuit affirmed James Ford's conviction for being a felon in possession of a firearm. Ford pled guilty without a plea agreement and was sentenced to 92 months in prison. His attorney filed an Anders brief challenging the denial of Ford's motion to suppress, but stating there were no meritorious issues for appeal. The court found that by entering an unconditional guilty plea, Ford waived his right to challenge the suppression ruling. The court conducted an independent review and found no reversible errors, so it affirmed Ford's conviction and sentence.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    21 views3 pages

    United States v. Ford, 4th Cir. (2003)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed James Ford's conviction for being a felon in possession of a firearm. Ford pled guilty without a plea agreement and was sentenced to 92 months in prison. His attorney filed an Anders brief challenging the denial of Ford's motion to suppress, but stating there were no meritorious issues for appeal. The court found that by entering an unconditional guilty plea, Ford waived his right to challenge the suppression ruling. The court conducted an independent review and found no reversible errors, so it affirmed Ford's conviction and sentence.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-4793

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    JAMES DONOVAN FORD,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Charlotte. Graham C. Mullen, Chief
    District Judge. (CR-00-61)

    Submitted:

    July 10, 2003

    Decided:

    July 15, 2003

    Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Randolph M. Lee, Charlotte, North Carolina, for Appellant. Brian


    Steven Cromwell, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte,
    North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    James Donovan Ford pled guilty without the benefit of a plea
    agreement to being a felon in possession of a firearm.
    sentenced to ninety-two months imprisonment.

    He was

    Fords attorney has

    filed a brief in accordance with Anders v. California, 386 U.S. 738


    (1967), challenging the denial of Fords motion to suppress, but
    stating that, in his view, there are no meritorious issues for
    appeal. Ford was advised of his right to file a pro se supplemental
    brief, but he did not do so.
    Absent a conditional plea, entered with the approval of the
    district court and the consent of the Government, a guilty plea
    waives the right to challenge suppression rulings.

    See Fed. R.

    Crim. P. 11(a)(2); United States v. Broce, 488 U.S. 563, 569


    (1989).

    Although Ford sought to enter a conditional plea, the

    transcript of his plea hearing shows that the Government did not
    agree, and there was no written plea agreement. Accordingly, Fords
    unconditional plea has waived his right to raise any suppression
    issues.
    Pursuant to Anders, we have reviewed the record for reversible
    error and found none.
    sentence.

    We therefore affirm the conviction and

    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

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