Professional Documents
Culture Documents
No. 10-4349
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. James A. Beaty, Jr.,
Chief District Judge. (1:09-cr-00217-JAB-1)
Submitted:
Decided:
PER CURIAM:
Charles
possession
of
Edward
Rhodes
firearm
by
pled
guilty
convicted
to
felon,
unlawful
18
U.S.C.
Rhodes appeals
(1)
discretion
the
to
district
depart
court
below
failed
the
to
advisory
recognize
guideline
its
range,
to
allow
the
district
court
to
reconsider
the
18
warrant
transactions.
firearms
was
were
executed
found
there
in
based
Rhodes
on
home
reports
when
of
drug
At sentencing, he requested a
United States v.
court
committed
any
Gall v. United
error.
This
court
517
States,
F.3d
551
216,
U.S.
218
338,
(4th
Cir.
346-56
2008);
(2007)
United States v.
see
Rita
(upholding
v.
United
appellate
footnote
to
his
first
claim
of
error,
Rhodes
record
conclusively
establishes
ineffective
assistance.
United States v. Richardson, 195 F.3d 192, 198 (4th Cir. 1999).
In this case, the record does not conclusively show that Rhodes
counsel was ineffective.
After Rhodes was sentenced, the Supreme Court held, in
McDonald v. City of Chicago, 130 S. Ct. 3020, 3050 (2010), that
the individual Second Amendment right to bear arms recognized in
3
District
of
Columbia
v.
Heller,
554
U.S.
570
(2008),
is
merely
extended
to
the
states
the
principle
announced
in
court.
and
materials
therefore
legal
before
We
affirm
dispense
contentions
the
court
the
with
sentence
oral
imposed
argument
are
adequately
and
argument
by
the
because
the
presented
would
not
in
the
aid
the
decisional process.
AFFIRMED