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United States v. Jeffrey Sparks, 4th Cir. (2015)
United States v. Jeffrey Sparks, 4th Cir. (2015)
No. 15-4046
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville.
Richard L.
Voorhees, District Judge. (5:11-cr-00073-RLV-DSC-31)
Submitted:
Decided:
November 4, 2015
PER CURIAM:
Jeffrey
Nathan
Sparks
pled
guilty
to
conspiracy
to
substance
in
violation
of
21
U.S.C.
841(a)(1)
Sparks counsel
(1967),
meritorious
stating
issues
that,
for
in
counsels
appeal,
but
view,
there
questioning
are
whether
no
the
the
After
offense
reducing
and
substantial
the
offense
risk
of
level
harm
to
human
for
acceptance
life.
of
an
advisory
Guidelines
range
of
63
to
78
months,
and
Fed. R.
Sparks
and
then
allowing
Sparks
the
See United
States v. Engle, 676 F.3d 405, 425 (4th Cir. 2012) ([W]hen a
judge announces a sentence before hearing an allocution, it is
fair to assume that such a sentence is tentative and that the
judge will consider the defendants statements before imposing a
final sentence.) (quoting United States v. BurgosAndujar, 275
F.3d 23, 30 (1st Cir. 2001)), petition for cert. filed (June 12,
2015); see also United States v. Boose, 403 F.3d 1016 (8th Cir.
2005)
(finding
no
denial
of
allocution
when
court
announced
See United
also
contends
that
he
was
denied
the
effective
and
should
counsels
testify
at
incorrect
sentencing.
advice
We
as
to
whether
decline
to
reach
Unless an
record,
ineffective
assistance
claims
are
not
generally
United
States
2010).
Because
v.
Baptiste,
there
is
596
no
F.3d
214,
conclusive
216
n.1
evidence
(4th
of
Cir.
ineffective
In
accordance
with
Anders,
we
have
reviewed
the
entire
before
this
court
and
argument
would
not
aid
the
decisional process.
AFFIRMED