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    United States v. Pulliam, 4th Cir. (2007)

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    This document summarizes a court case in which Anthony Pulliam pled guilty to conspiracy to distribute cocaine. The district court granted the government's motion to depart below the statutory minimum sentence of 120 months based on Pulliam's substantial assistance. The court then sentenced Pulliam to 70 months in prison. Pulliam's lawyer filed an Anders brief stating there are no meritorious issues for appeal but seeking review of the sentence reasonableness. The appeals court affirmed, finding the below-guidelines sentence reasonable under 18 U.S.C. 3553(a) factors and United States v. Booker.

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    United States v. Pulliam, 4th Cir. (2007)

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    Scribd Government Docs
    16 views3 pages
    This document summarizes a court case in which Anthony Pulliam pled guilty to conspiracy to distribute cocaine. The district court granted the government's motion to depart below the statutory minimum sentence of 120 months based on Pulliam's substantial assistance. The court then sentenced Pulliam to 70 months in prison. Pulliam's lawyer filed an Anders brief stating there are no meritorious issues for appeal but seeking review of the sentence reasonableness. The appeals court affirmed, finding the below-guidelines sentence reasonable under 18 U.S.C. 3553(a) factors and United States v. Booker.

    Original Description:

    Filed: 2007-07-06 Precedential Status: Non-Precedential Docket: 06-4847

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    This document summarizes a court case in which Anthony Pulliam pled guilty to conspiracy to distribute cocaine. The district court granted the government's motion to depart below the statutory minimum sentence of 120 months based on Pulliam's substantial assistance. The court then sentenced Pulliam to 70 months in prison. Pulliam's lawyer filed an Anders brief stating there are no meritorious issues for appeal but seeking review of the sentence reasonableness. The appeals court affirmed, finding the below-guidelines sentence reasonable under 18 U.S.C. 3553(a) factors and United States v. Booker.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    16 views3 pages

    United States v. Pulliam, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case in which Anthony Pulliam pled guilty to conspiracy to distribute cocaine. The district court granted the government's motion to depart below the statutory minimum sentence of 120 months based on Pulliam's substantial assistance. The court then sentenced Pulliam to 70 months in prison. Pulliam's lawyer filed an Anders brief stating there are no meritorious issues for appeal but seeking review of the sentence reasonableness. The appeals court affirmed, finding the below-guidelines sentence reasonable under 18 U.S.C. 3553(a) factors and United States v. Booker.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-4847

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    ANTHONY EDWARD PULLIAM, a/k/a Sleepy,
    Defendant - Appellant.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Durham. N. Carlton Tilley, Jr.,
    District Judge. (1:05-cr-00354-JAB)

    Submitted: May 9, 2007

    Decided:

    July 6, 2007

    Before MOTZ, GREGORY, and DUNCAN, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Michael K. Troutman, Greensboro, North Carolina, for Appellant.


    Anna Mills Wagoner, United States Attorney, Sandra Jane Hairston,
    Assistant United States Attorney, Greensboro, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Pursuant to a plea agreement, Anthony Edward Pulliam pled
    guilty

    to

    conspiracy

    to

    distribute

    cocaine

    hydrochloride,

    violation of 21 U.S.C. 841(a)(1) and 846 (2000).

    in

    The district

    court granted the Governments 18 U.S.C. 3553(e) (2000) motion to


    depart below the statutory minimum of 120 months imprisonment
    based on Pulliams substantial assistance.
    Pulliam to 70 months imprisonment.

    The court sentenced

    Pulliam appealed.

    On appeal, counsel filed a brief pursuant to Anders v.


    California,

    386

    U.S.

    738

    (1967),

    contending

    there

    are

    no

    meritorious issues for appeal but seeking review of Pulliams


    sentence for unreasonableness.

    Pulliam did not file a pro se

    supplemental brief despite being advised of his right to file a


    brief.

    The Government elected not to file a responding brief.

    We

    affirm.
    After United States v. Booker, 543 U.S. 220 (2005), a
    district court is no longer bound by the range prescribed by the
    sentencing guidelines.

    See United States v. Hughes, 401 F.3d 540,

    546 (4th Cir. 2005). However, sentencing courts are still required
    to calculate and consider the guideline range prescribed thereby as
    well as the factors set forth in 18 U.S.C.A. 3553(a) (West 2000
    & Supp. 2006).

    Id.

    We will affirm a post-Booker sentence if it is

    both reasonable and within the statutorily prescribed range.

    Id.

    at 546-47; see also United States v. Green, 436 F.3d 449, 457 (4th

    - 2 -

    Cir.), cert. denied, 126 S. Ct. 2309 (2006) (stating a sentence


    imposed

    within

    properly

    calculated

    guideline

    range

    is

    presumptively reasonable).
    Pulliam was sentenced below the statutorily prescribed
    range, and his sentence falls within the properly calculated
    guideline range of seventy to eighty-seven months imprisonment.
    The district court appropriately treated the sentencing guidelines
    as advisory and considered the guideline range in conjunction with
    the 3553(a) factors in imposing sentence.

    Thus, we conclude the

    sentence is reasonable.
    In accordance with Anders, we have reviewed the record in
    this case and have found no meritorious issues for appeal.
    therefore affirm Pulliams conviction and sentence.

    We

    This court

    requires that counsel inform Pulliam, in writing, of the right to


    petition the Supreme Court of the United States for further review.
    If Pulliam 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 Pulliam.


    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
    - 3 -

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