[DOWNLOAD] "United States v. Topper" by Fourth Circuit U.S. Court Of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: United States v. Topper
- Author : Fourth Circuit U.S. Court Of Appeals
- Release Date : January 25, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Roger Lane Topper pled guilty to conspiring to engage in the business of dealing in firearms without a license, in violation of 18 U.S.C.A. § 371 (West Supp. 1999), and five counts of violations of 18 U.S.C.A. § 922(a)(1)(A) (West Supp. 1999). The district court imposed a twenty-seven month sentence. Following the filing of a timely notice of appeal, Toppers attorney has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Counsel states that there are no meritorious grounds for appeal because Topper waived his appellate rights in his plea agreement. We have reviewed the record and find that Topper knowingly and intelligently waived his right to appeal as to all claims except ineffective assistance of counsel and prosecutorial misconduct. Thus, we decline to consider Toppers claim in his supplemental brief that his indictment was not returned to the federal magistrate Judge in open court. We have further examined the entire record in this case in accordance with the requirements of Anders, and find no meritorious issues for appeal. This Court requires that counsel inform his client, in writing, of his right to petition the Supreme Court of the United States for further review. If the client 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 the client. 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.