United States v. Smith, 4th Cir. (2009)
United States v. Smith, 4th Cir. (2009)
No. 09-4314
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (7:08-cr-00037-BO-1)
Submitted:
September 9, 2009
Decided:
PER CURIAM:
Jerrod Cornelius Smith pled guilty, pursuant to a plea
agreement, to conspiracy to possess with intent to distribute
more than fifty grams of cocaine base, in violation of 21 U.S.C.
846 (2006).
downward
departure
and
sentenced
him
to
144
months
of
appeal,
counsel
has
filed
brief
pursuant
to
no
meritorious
issues
for
appeal.
Counsel
questions,
however, whether the district court erred in upholding a sixlevel enhancement for assaulting a police officer.
Smith was
defendant
may
waive
the
right
to
appeal
if
that
410 F.3d 137, 151 (4th Cir. 2005); United States v. Wessells,
2
The
our
review
of
the
sentence,
the
waiver
does
not
revealed
pursuant
to
the
review
required
by
Anders.
In
We therefore deny
of
the
right
to
petition
the
Supreme
Court
of
the
We dispense
with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
the
court
and