UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 10-4961

UNITED STATES OF AMERICA,

Plaintiff ─ Appellee,

v.

JOHN SINGLETON,

Defendant ─ Appellant.

Appeal from the United States District Court for the District of 

South Carolina, at Charleston. Patrick Michael Duffy, Senior 

District Judge. (2:09-cr-00914-PMD-2)

Submitted: June 16, 2011 Decided: June 20, 2011

Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON, 

Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Walter S. Ameika, Jr., AMEIKA LAW OFFICES, Summerville, South 

Carolina, for Appellant. Eric John Klumb, Assistant United 

States Attorney, Charleston, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:

John Singleton pled guilty to conspiracy to embezzle 

money from a federally-funded organization. The district court 

sentenced him to 24 months' imprisonment. Singleton’s attorney 

filed a brief in accordance with Anders v. California, 386 U.S. 

738 (1967), stating that, in counsel’s view, there are no 

meritorious issues for appeal, but questioning whether 

Singleton’s sentence was reasonable in light of his request for 

a variance or a downward departure. Singleton was advised of 

his right to file a pro se supplemental brief, but has not done 

so. We affirm.

In fulfilling our duty under Anders, we have reviewed 

the guilty plea for any error, and find none. Our review of the 

transcript of the plea hearing leads us to conclude that the 

district court fully complied with Fed. R. Crim. P. 11 in 

accepting Singleton’s guilty plea. The court ensured that 

Singleton understood the charge against him and the potential 

sentence he faced, that he entered his plea knowingly and 

voluntarily, and that the plea was supported by an independent 

factual basis. See United States v. DeFusco, 949 F.2d 114, 116, 

119-20 (4th Cir. 1991). Accordingly, we affirm Singleton’s 

conviction.

We have reviewed Singleton’s sentence and determined 

that it was properly calculated and that the sentence imposed 
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was reasonable. See Gall v. United States, 552 U.S. 38, 51 

(2007); United States v. Llamas, 599 F.3d 381, 387 (4th Cir. 

2010). The district court followed the necessary procedural 

steps in sentencing Singleton, appropriately treated the 

sentencing Guidelines as advisory, properly calculated and 

considered the applicable Guidelines range, and weighed the 

relevant 18 U.S.C. § 3553(a) (2006) factors in light of 

Singleton's individual characteristics and circumstances. The 

district court adequately explained its reasons for denying a 

variance, noting that Singleton had the benefit of education and 

a masters degree, he was a role model in the community helping 

the unfortunate, and yet, while employed with an agency 

entrusted to aid the poor of the community, Singleton used his 

position to steal the money designated for the needy. Because 

the court adequately explained its reasons for imposing sentence 

at the top of the advisory Guidelines range, we conclude that 

the sentence is not an abuse of discretion. See Gall, 552 U.S. 

at 41; United States v. Allen, 491 F.3d 178, 193 (4th Cir. 2007) 

(applying appellate presumption of reasonableness to within 

Guidelines sentence).

In accordance with Anders, we have reviewed the entire 

record in this case and have found no meritorious issues for 

appeal. This court requires that counsel inform Singleton, in 

writing, of the right to petition the Supreme Court of the 
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United States for further review. If Singleton 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 Singleton. 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