United States v. Barber, 4th Cir. (2009)
United States v. Barber, 4th Cir. (2009)
No. 08-5108
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville.
Lacy H. Thornburg,
District Judge. (1:08-cr-00045-LHT-1)
Submitted:
September 3, 2009
Decided:
PER CURIAM:
Stephen Raymond Barber pleaded guilty to conspiracy to
possess with intent to distribute methamphetamine, in violation
of
21
U.S.C.
846
relation
to
U.S.C.A.
924(c)
a
(2006),
drug
and
possession
of
crime,
violation
trafficking
(2006
total
&
of
West
211
in
Supp.
months
2009).
of
firearm
of
Barber
imprisonment
in
18
was
sentenced
to
and
now
appeals.
California, 386 U.S. 738 (1967), raising two issues but stating
that there are no meritorious issues for appeal.
Barber was
the
We affirm.
Anders
brief,
counsel
questions
whether
the
However, counsel
and
conclude
Cir.
occurs
We
that
have
the
thoroughly
Government
reviewed
did
not
the
commit
misconduct.
(4th
misconduct.
2002)
when
(stating
Government
reversible
engages
in
prosecutorial
improper
misconduct
conduct
that
next
questions
whether
the
district
court
proceeding
in
which
his
impartiality
might
reasonably
be
court.
This
writing,
of
court
the
requires
right
to
that
petition
counsel
the
inform
Supreme
Barber,
Court
of
in
the
We dispense
with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
the
court
and