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    United States v. Wilkins McNair, JR., 4th Cir. (2011)

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    The United States Court of Appeals for the Fourth Circuit affirmed Wilkins McNair's conviction and sentence. The district court accepted McNair's guilty plea to wire fraud and witness tampering and sentenced him to 70 months imprisonment. The appellate court found that the district court properly accepted the guilty plea and calculated the sentence. The court also determined that claims of ineffective assistance of counsel were not cognizable on direct appeal based on the record.

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    Public Domain
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    United States v. Wilkins McNair, JR., 4th Cir. (2011)

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    Scribd Government Docs
    80 views4 pages
    The United States Court of Appeals for the Fourth Circuit affirmed Wilkins McNair's conviction and sentence. The district court accepted McNair's guilty plea to wire fraud and witness tampering and sentenced him to 70 months imprisonment. The appellate court found that the district court properly accepted the guilty plea and calculated the sentence. The court also determined that claims of ineffective assistance of counsel were not cognizable on direct appeal based on the record.

    Original Description:

    Filed: 2011-08-01 Precedential Status: Non-Precedential Docket: 10-4783

    Original Title

    United States v. Wilkins McNair, Jr., 4th Cir. (2011)

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    The United States Court of Appeals for the Fourth Circuit affirmed Wilkins McNair's conviction and sentence. The district court accepted McNair's guilty plea to wire fraud and witness tampering and sentenced him to 70 months imprisonment. The appellate court found that the district court properly accepted the guilty plea and calculated the sentence. The court also determined that claims of ineffective assistance of counsel were not cognizable on direct appeal based on the record.

    Copyright:

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

    United States v. Wilkins McNair, JR., 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed Wilkins McNair's conviction and sentence. The district court accepted McNair's guilty plea to wire fraud and witness tampering and sentenced him to 70 months imprisonment. The appellate court found that the district court properly accepted the guilty plea and calculated the sentence. The court also determined that claims of ineffective assistance of counsel were not cognizable on direct appeal based on the record.

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    of 4

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-4783

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    WILKINS MCNAIR, JR.,
    Defendant Appellant.

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore.
    Catherine C. Blake, District Judge.
    (1:09-cr-00320-CCB-1)

    Submitted:

    July 28, 2011

    Decided:

    August 1, 2011

    Before SHEDD, AGEE, and DIAZ, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    David W. Lease, SMITH, LEASE & GOLDSTEIN, LLC, Rockville,


    Maryland, for Appellant.
    Jonathan Biran, Jefferson McClure
    Gray, Assistant United States Attorneys, Baltimore, Maryland,
    for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Wilkins McNair, Jr., pled guilty to one count of wire
    fraud and one count of witness tampering.
    sentenced him to 70 months imprisonment.

    The district court


    McNairs attorney

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


    738

    (1967),

    stating

    that,

    in

    counsels

    view,

    there

    are

    no

    meritorious issues for appeal, but noting that McNair questioned


    the validity of his guilty plea and asserted that counsel was
    ineffective for failing to investigate, failing to challenge the
    Sentencing Guidelines calculations, and for recommending that he
    plead guilty.

    After being advised of his right to file a brief,

    McNair elected not to file a pro se supplemental brief.

    We

    affirm.
    In the absence of a motion to withdraw a guilty plea,
    this court reviews the adequacy of the guilty plea pursuant to
    Fed. R. Crim. P. 11 for plain error.

    See United States v.

    Martinez, 277 F.3d 517, 525 (4th Cir. 2002).

    Our

    review

    of

    the

    transcript of the plea hearing leads us to conclude that the


    district court fully complied with Rule 11 in accepting McNairs
    guilty

    plea.

    The

    court

    ensured

    that

    McNair

    understood

    the

    charges against him and the potential sentences he faced, that


    he entered his plea knowingly and voluntarily, and that the plea
    was

    supported

    by

    an

    independent

    factual

    basis.

    See

    United

    States v. DeFusco, 949 F.2d 114, 116, 119-20 (4th Cir. 1991).
    Accordingly, we affirm McNairs conviction.
    We have reviewed McNairs sentence and determined that
    it was properly calculated and that the sentence imposed was
    reasonable.

    See Gall v. United States, 552 U.S. 38, 51 (2007);

    United States v. Llamas, 599 F.3d 381, 387 (4th Cir. 2010).
    district
    sentencing

    court

    followed

    McNair,

    the

    necessary

    appropriately

    procedural

    treated

    the

    The

    steps

    in

    sentencing

    Guidelines as advisory, properly calculated and considered the


    applicable Guidelines range, and weighed the relevant 18 U.S.C.

    3553(a)

    (2006)

    characteristics

    factors

    and

    in

    light

    of

    circumstances.

    McNairs
    The

    individual

    district

    court

    adequately explained its reasons for denying McNairs request


    for a variance, noting that McNair had engaged in a substantial
    pattern of fraud.

    In light of McNairs medical condition and

    the governments recommendation of a sentence at the low end of


    the advisory Guidelines range, however, the court imposed a 70month

    sentence.

    Because

    the

    court

    adequately

    explained

    its

    reasons for the sentence imposed, we conclude that the sentence


    is not an abuse of discretion and is reasonable.

    See Gall, 552

    U.S. at 41; United States v. Allen, 491 F.3d 178, 193 (4th Cir.
    2007)

    (applying

    appellate

    presumption

    within-Guidelines sentence).

    of

    reasonableness

    to

    McNair

    also

    constitutionally
    investigate,

    questions

    ineffective

    failing

    to

    whether

    counsel

    assistance

    challenge

    the

    by

    provided

    failing

    computation

    to

    of

    the

    Guidelines range, and for recommending that he plead guilty.


    Claims of ineffective assistance of counsel are not cognizable
    on

    direct

    counsels

    appeal

    States

    the

    constitutionally

    v.

    Because

    unless

    Baldovinos,

    the

    record

    434

    does

    record

    conclusively

    establishes

    inadequate

    performance.

    United

    F.3d

    239

    2006).

    not

    233,

    conclusively

    (4th

    Cir.

    demonstrate

    that

    McNairs counsel was ineffective, we decline to consider this


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

    This
    of

    court

    the

    requires

    right

    to

    that

    petition

    United States for further review.

    counsel
    the

    inform

    Supreme

    McNair,

    Court

    of

    in
    the

    If McNair 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 McNair.

    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
    4

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