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    United States v. Allen, 4th Cir. (2010)

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    This document summarizes a United States Court of Appeals case. It affirms the district court's judgment and conviction of Tyrone Allen for two counts of using and carrying a firearm in relation to a crime of violence and aiding and abetting such conduct. The appeals court found that Allen's guilty plea was knowing and voluntary. It also found no errors in Allen's sentence, as the sentence was consistent with statutory minimums and the district court granted a downward departure as requested by the government. Therefore, the appeals court affirmed the district court's decision.

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    Public Domain
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    United States v. Allen, 4th Cir. (2010)

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    Scribd Government Docs
    22 views4 pages
    This document summarizes a United States Court of Appeals case. It affirms the district court's judgment and conviction of Tyrone Allen for two counts of using and carrying a firearm in relation to a crime of violence and aiding and abetting such conduct. The appeals court found that Allen's guilty plea was knowing and voluntary. It also found no errors in Allen's sentence, as the sentence was consistent with statutory minimums and the district court granted a downward departure as requested by the government. Therefore, the appeals court affirmed the district court's decision.

    Original Description:

    Filed: 2010-06-17 Precedential Status: Non-Precedential Docket: 09-4033

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    This document summarizes a United States Court of Appeals case. It affirms the district court's judgment and conviction of Tyrone Allen for two counts of using and carrying a firearm in relation to a crime of violence and aiding and abetting such conduct. The appeals court found that Allen's guilty plea was knowing and voluntary. It also found no errors in Allen's sentence, as the sentence was consistent with statutory minimums and the district court granted a downward departure as requested by the government. Therefore, the appeals court affirmed the district court's decision.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    22 views4 pages

    United States v. Allen, 4th Cir. (2010)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case. It affirms the district court's judgment and conviction of Tyrone Allen for two counts of using and carrying a firearm in relation to a crime of violence and aiding and abetting such conduct. The appeals court found that Allen's guilty plea was knowing and voluntary. It also found no errors in Allen's sentence, as the sentence was consistent with statutory minimums and the district court granted a downward departure as requested by the government. Therefore, the appeals court affirmed the district court's decision.

    Copyright:

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    of 4

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-4033

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    TYRONE ALLEN,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    South Carolina, at Florence.
    Terry L. Wooten, District Judge.
    (4:02-cr-00750-TLW-1)

    Submitted:

    June 3, 2010

    Decided:

    June 17, 2010

    Before GREGORY and DUNCAN, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Affirmed by unpublished per curiam opinion.

    David B. Betts, Columbia, South Carolina, for Appellant.


    Rose
    Mary
    Sheppard
    Parham,
    Assistant
    United
    States
    Attorney,
    Florence, South Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Tyrone Allen pled guilty to two counts of using and
    carrying a firearm in relation to a crime of violence and aiding
    and abetting such conduct, in violation of 18 U.S.C. 924(c),
    2

    (2006).

    California,

    His

    counsel

    386

    U.S.

    has

    738

    filed

    (1967),

    meritorious arguments for appeal.

    brief

    under

    asserting

    Anders

    there

    are

    v.
    no

    Allen has submitted a pro se

    supplemental brief in which he claims he was unaware he was


    pleading guilty as an aider and abettor and that he is actually
    innocent of brandishing a shotgun during and in relation to a
    crime of violence.

    The Government did not file a brief.

    We have reviewed the record and the plea colloquy and


    find Allens guilty plea to the two charges was knowing and
    voluntary

    and

    indictment.

    there

    was

    no

    constructive

    amendment

    to

    the

    The record clearly shows Allen was aware he was

    pleading guilty to the two charges as an aider and abettor.


    We further find no error with Allens sentence.
    did

    not

    object

    to

    any

    portion

    of

    the

    presentence

    Allen

    reports

    calculations except regarding the amount of restitution which


    was decided in his favor.
    reviewed

    for

    plain

    Thus, any claim he may have would be

    error.

    To

    demonstrate

    plain

    error,

    an

    appellant must establish that an error occurred, that it was


    plain,

    and

    that

    it

    affected

    his

    substantial

    rights.

    United

    States v. Olano, 507 U.S. 725, 731-32 (1993); United States v.


    2

    Hughes, 401 F.3d 540, 547-48 (4th Cir. 2005).

    There was no

    error with respect to the Guidelines sentence because it was the


    same

    as

    the

    statutory

    minimum

    sentence

    for

    each

    conviction.

    Furthermore, the court granted the Governments motion for a


    downward departure.
    There are no grounds upon which to appeal the district
    courts decision to grant the downward departure and the extent
    of

    that

    departure.

    See

    18

    U.S.C.

    3742(a)

    (2006);

    States v. Hill, 70 F.3d 321, 324 (4th Cir. 1995).

    United

    Even after

    United States v. Booker, 543 U.S. 220 (2005), this court lacks
    the authority to review a courts decision to depart unless the
    court failed to understand its authority to do so.
    States v. Brewer, 520 F.3d 367, 371 (4th Cir. 2008).

    United
    Clearly,

    the court was aware of its authority to depart.


    In accordance with Anders, we have reviewed the entire
    record in this case and have found no meritorious issues for
    appeal.

    Accordingly,

    court.

    This

    writing,

    of

    court

    his

    we

    affirm

    requires

    right

    to

    the

    judgment

    counsel

    petition

    United States for further review.

    the

    inform

    of

    the

    his

    Supreme

    district

    client,

    Court

    of

    in
    the

    If the client requests that a

    petition be filed, but counsel believes that such a petition


    would be frivolous, then counsel may move this court for leave
    to

    withdraw

    from

    representation.

    Counsels

    that a copy thereof was served on the client.


    3

    motion

    must

    state

    We dispense with

    oral

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    and

    materials

    legal
    before

    contentions
    the

    court

    are
    and

    argument would not aid the decisional process.


    AFFIRMED

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