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No. 09-4571
Appeal from the United States District Court for the District of
South Carolina, at Florence. R. Bryan Harwell, District Judge.
(4:07-cr-00801-RBH-1)
Submitted:
April 7, 2010
Decided:
May 7, 2010
PER CURIAM:
On November 30, 2007, Billy Joe Moon entered a guilty
plea to being a convicted felon in possession of a firearm.
criminal
(2006).
(an
ACC),
pursuant
to
18
U.S.C.
924(e)
agreement
settling
all
sentencing
issues.
The
parties
receive
sentence
of
ten
years
imprisonment.
The
which
following
the
it
ultimately
Governments
reduced
motion
for
to
a
eighty-four
downward
months
departure.
Moon appealed.
Counsel has filed a brief in accordance with Anders v.
California, 386 U.S. 738 (1967), stating that after a review of
the record, he has found no meritorious issues for appeal.
has
filed
pro
se
supplemental
brief,
in
which
he
Moon
states,
adopted counsels Anders brief as its own, and has not filed any
response to Moons pro se supplemental brief.
2
Rule
11s
requirements.
Moons
plea
was
knowingly,
We therefore find
arguments.
apparent
on
the
Unless
face
of
an
attorneys
the
record,
ineffectiveness
ineffective
assistance
is
United
To show
prevailing
professional
norms
and
was
prejudicial.
The
reasonable
probability
that,
but
for
counsels
Id. at 694.
Hill v. Lockhart,
not
based
presentence
executed
the
report,
with
the
but
Guideline
rather
Government
on
range
the
pursuant
contained
plea
to
addendum
Fed.
R.
in
the
that
he
Crim.
P.
Thus, even
failed
to
establish
that
the
record
demonstrates
not
have
pled
guilty.
Accordingly,
we
conclude
that
This court
the
Supreme
Court
of
the
United
States
for
further
review.
move
in
representation.
this
and
materials
legal
before
for
leave
to
withdraw
from
court
contentions
the
court
are
adequately
and
argument
presented
would
not
in
the
aid
the
decisional process.
AFFIRMED