UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-4419 

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

NATHANIEL TYRONE GALLOWAY,

Defendant - Appellant.

Appeal from the United States District Court for the Middle

District of North Carolina, at Durham. William L. Osteen, Senior

District Judge. (1:05-cr-00285-WLO)

Submitted: January 25, 2007 Decided: January 29, 2007

Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Thomas N. Cochran, Assistant Federal Public Defender, Greensboro,

North Carolina, for Appellant. Anna Mills Wagoner, United States

Attorney, Randall Stuart Galyon, Assistant United States Attorney,

Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Nathaniel Tyrone Galloway appeals his 360-month sentence

imposed following his guilty plea to possession with intent to

distribute cocaine base, in violation of 21 U.S.C. § 841 (2000),

and possession of a firearm by a convicted felon, in violation of

18 U.S.C. § 922(g)(1) and 924(e)(1) (2000). Galloway’s counsel has

filed a brief in accordance with Anders v. California, 386 U.S. 738

(1967), concluding there are no meritorious issues for appeal, but

questioning whether Galloway’s sentence was reasonable. Galloway

was advised of his right to file a pro se supplemental brief, but

has not done so. Finding no reversible error, we affirm.

This court reviews the imposition of a sentence for

reasonableness. United States v. Booker, 543 U.S. 220, 260-61

(2005); United States v. Hughes, 401 F.3d 540, 546-47 (4th Cir.

2005). After Booker, courts must calculate the appropriate

guideline range, making any appropriate factual findings. United

States v. Davenport, 445 F.3d 366, 370 (4th Cir. 2006). The court

then should consider the resulting advisory guideline range in

conjunction with the factors under 18 U.S.C.A. § 3553(a) (West 2000

& Supp. 2006), and determine an appropriate sentence. Id. A

sentence within the proper advisory guidelines range is

presumptively reasonable. United States v. Green, 436 F.3d 449,

457 (4th Cir.), cert. denied, 126 S. Ct. 2309 (2006). 
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The district court determined that because Galloway was

over eighteen years old and had at least two prior felony

convictions for a controlled substance, he was subject to

sentencing as a career offender, resulting in an offense level of

37 and Criminal History Category VI. See U.S. Sentencing

Guidelines Manual (“USSG”) § 4B1.1 (2005). His advisory guideline

range was thus 360 months’ to life imprisonment. See USSG Ch. 5,

Pt. A (Sentencing Table). Galloway did not object to the

presentence report and conceded to the factual allegations

contained therein. The district court imposed a sentence of 360

months’ imprisonment, which is within the appropriately calculated

advisory guideline range of 360 months’ to life imprisonment and is

therefore presumptively reasonable. See Green, 436 F.3d at 457.

There is no evidence in the record that the sentence is

procedurally or substantively unreasonable. We therefore find the

sentence was reasonable.

In accordance with Anders, we have reviewed the entire

record in this case and have found no meritorious issues for

appeal. We therefore affirm Galloway’s conviction and sentence.

We also deny Galloway’s counsel’s motion to withdraw as counsel.

This court requires that counsel inform Galloway, in writing, of

the right to petition the Supreme Court of the United States for

further review. If he requests that a petition be filed, but

counsel believes that such a petition would be frivolous, then
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counsel may move in this court for leave to withdraw from

representation. Counsel’s motion must state that a copy thereof

was served on Galloway. 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