United States v. Crawford, 4th Cir. (2001)
United States v. Crawford, 4th Cir. (2001)
United States v. Crawford, 4th Cir. (2001)
No. 00-4630
COUNSEL
Scott Haden Gsell, LAW OFFICE OF SCOTT GSELL, Charlotte,
North Carolina, for Appellant. C. Nicks Williams, OFFICE OF THE
UNITED STATES ATTORNEY, Charlotte, North Carolina, for
Appellee.
OPINION
PER CURIAM:
RaQwon LaRicky Crawford was convicted pursuant to his guilty
plea of being a felon in possession of a firearm. Crawfords attorney
has filed a brief in accordance with Anders v. California, 386 U.S.
738 (1967), alleging that the district court erred by denying Crawfords request for an additional one level downward adjustment under
U.S.S.G. 3E1.1(b)(2).1 Although advised of his right to file a pro se
supplemental brief, Crawford has not done so. Finding no reversible
error, we affirm.
Pursuant to U.S.S.G. 3E1.1(b)(2), a defendant is entitled to an
additional one level reduction in his base offense level if he enters a
timely guilty plea, thus allowing the Government to avoid the expense
of preparing for trial. In the present case, the district court found that
Crawfords guilty plea, entered on the day of trial, was untimely. We
review the district courts decision for clear error and find none.2 The
jury had already been selected and was waiting in the jury room to
be seated. Such a "last minute" guilty plea is inconsistent with complete acceptance of responsibility.3
We have examined the entire record in this case in accordance with
the requirements of Anders and find no meritorious issues for appeal.
The 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
1
move in this court for leave to withdraw from representation. Counsels motion must state that a copy thereof was served on the client.
We therefore affirm Crawfords sentence. 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