225 F. App'x 172

UNITED STATES of America, Plaintiff-Appellee, v. Jessica M. COBIA, Defendant-Appellant.

No. 06-5118.

United States Court of Appeals, Fourth Circuit.

Submitted: April 26, 2007.

Decided: April 30, 2007.

Allen B. Burnside, Assistant Federal Public Defender, Columbia, South Carolina, for Appellant. Dean Arthur Ei-chelberger, Office of the United States Attorney, Columbia, South Carolina, for Appellee.

Before WILLIAMS, MICHAEL, and SHEDD, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Jessica M. Cobia pled guilty to one count of a three-count indictment charging credit card fraud, in violation of 18 U.S.C. § 1029(a)(2) (2000) (Count 1). The district court sentenced Cobia to fifty-seven months’ imprisonment, three years of supervised release, and ordered payment of restitution in the amount of $101,251.83 and a $100 statutory assessment.* Cobia’s counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), stating that there are no meritorious grounds for appeal, but questioning whether the district court complied with the requirements of Fed.R.Crim.P. 11 in accepting Cobia’s plea. Cobia was given an opportunity to file a pro se brief, but has failed to do so.

Cobia did not move in the district court to withdraw her guilty plea, therefore her challenge to the adequacy of the Rule 11 hearing is reviewed for plain error. See United States v. Martinez, 277 F.3d 517, 525 (4th Cir.2002). We have carefully re*173viewed the transcript of the Rule 11 hearing and find no plain error in the district court’s acceptance of Cobia’s guilty plea. See United States v. DeFusco, 949 F.2d 114, 119-20 (4th Cir.1991).

In accordance with Anders, we have reviewed the entire record in this case and have found no meritorious issues for appeal. We therefore affirm Cobia’s conviction and sentence. This court requires that counsel inform his client, in writing, of her 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. Counsel’s 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.

AFFIRMED.

United States v. Cobia
225 F. App'x 172

Case Details

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United States v. Cobia
Decision Date
Apr 30, 2007
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225 F. App'x 172

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United States

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