UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18
- 4644

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. TERRELL VINCENT LITTLETON , Defendant

- Appellant

.

Appeal from the United States District Court for the Middle District of North Carolina , at Greensboro

. William L. Osteen, Jr

. , District Judge. ( 1:18

- cr - 00103

- WO

- 1 )

Submitted : April 4 , 2019 Decided: April 9, 2019

Before NIEMEYER and HARRIS , Circuit Judges , and SHEDD, Senior Circuit Judge

.

Affirmed by un published per curiam opinion

.
Lisa S. Costner , LISA S. COSTNER, P

. A ., Winston

- Salem, North Carolina, for Appellant. Kyle David Pousson, Assistant U nited S tates Attorney , OFFICE OF THE UN ITED STATES ATTORNEY , Greensboro, North Carolina, for Appellee

. Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Terrell Vincent Littleton pled guilty, pursuant to a written plea agreement, to possession of a firearm by a conv icted felon, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2) (2012). The district court sentenced Littleton to 48 months’ imprisonment, near the low end of his 46

- to 57

- month advisory Sentencing Guidelines range. On appeal, counsel has filed a brief p ursuant to Anders v. California , 386 U.S. 738 (1967), stating that there are no meritorious grounds for appeal. Littleton was advised of his right to file a pro se supplemental brief, but he has not filed one. The Government declined to file a brief.
Bec ause Littleton did not move in the district court to withdraw his guilty plea, we review the plea hearing for plain error. United States v. Martinez , 277 F.3d 517, 525 (4th Cir. 2002). “To establish plain error, [Littleton] must show that an error occurr ed, that the error wa s plain, and that the error affected his substantial rights.” United States v. Muhammad , 478 F.3d 247, 249 (4th Cir. 2007). Even if Littleton satisfies these requirements, “correction of the error remains within o u r discretion, which we should not exercise . . . unless the error seriously affect[s] the fairness, integrity or public reputation of judicial proceedings.” Id . (internal quotation marks omitted). Our review of the record leads us to conclude that the district court substa ntially complied with Rule 11 of the Federal Rules of Criminal Procedure in accepting Littleton’s guilty plea, which Little ton entered knowingly and voluntarily. Turning to Littleton’s sentence, we review a sentence for procedural and substantive reasonabl eness under a deferential abuse of discretion standard. Gall v.3 United States , 552 U.S. 38, 51 (2007). We must first ensure that the district court did not commit any “significant procedural error,” such as failing to properly calculate the applicable Gu idelines range, failing to consider the 18 U.S.C. § 3553(a) (2012) sentencing factors, or failing to adequately explain the sentence. Id . If we find the sentence procedurally reasonable, we then consider its substantive reasonableness. United States v. Carter , 564 F.3d 325, 328 (4th Cir. 2009)

. We presume on appeal that a sentence within or below the properly calculated Guidelines range is substantively reasonable. United States v. Louthian , 75 6 F.3d 295, 306 (4th Cir. 2014). Such a presumpt ion is rebutted only when the defendant shows “that the sentence is unreasonable when measured against the § 3553(a) factors.” United States v. Montes

Pineda , 445 F.3d 375, 379 (4th Cir. 2006). Upon review, we discern no procedural or substantive sentenci ng error by the district court. The district court correctly calculated Littleton’s advisory Guidelines range, heard argument from counsel, provided Littleton an opportunity to alloc u te, and considered the § 3553(a) sentencing factors. Furthermore, Littl eton has failed to rebut the presumption of reasonableness accorded his within

- Guidelines sentence. We conclude that Littleton’s sentence is both procedurally and substantively reasonable. Accordingly, we affirm the judgment of the district court. In acc ordance with Anders , we have reviewed the record in this case and have found no meritorious issues for appeal. This court requires that counsel inform Littleton, in writing, of the right to petition the Supreme Court of the United States for further revie w. If Littleton requests that a petition be filed, but counsel believes that such a petition would be frivolous, then4 counsel may move in this court for leave to withdraw from representation. Counsel’s motion must state that a copy thereof was served on Littleton. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED