UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-4132

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

CALVIN HUFFSTETLER, a/k/a Calvin Morgan,

Defendant - Appellant.

Appeal from the United States District Court for the District of

South Carolina, at Spartanburg. Henry M. Herlong, Jr., District

Judge. (CR-04-521)

Submitted: September 30, 2005 Decided: November 1, 2005

Before NIEMEYER and LUTTIG, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Benjamin T. Stepp, Assistant Federal Public Defender, Greenville,

South Carolina, for Appellant. Jonathan Scott Gasser, Acting

United States Attorney, Columbia, South Carolina; Alan Lance Crick,

Assistant United States Attorney, Greenville, South Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
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PER CURIAM:

Calvin Huffstetler pled guilty to possession of a firearm

and ammunition by a convicted felon in violation of 18 U.S.C.

§§ 922(g)(1), 924(a)(2), 924(e) (2000), and was sentenced to onehundred-eighty months in prison, followed by a five-year period of

supervised release. On appeal Huffstetler’s counsel filed a brief

in accordance with Anders v. California, 386 U.S. 738 (1967),

asserting that there are no meritorious issues for appeal, but

questioning whether the district court erred in determining

Huffstetler was an Armed Career Criminal and sentencing him to the

mandatory minimum sentence of 180 months of imprisonment.

Huffstetler was advised of his right to file a pro se supplemental

brief, but did not file a brief. The Government waived the filing

of a brief. In accordance with Anders, we have considered the

Appellant’s brief and examined the entire record for meritorious

issues. Finding no error, we affirm.

Huffstetler’s counsel challenges the district court’s

reliance on his prior conviction for attempted second degree

burglary of a storage shed in South Carolina in 1992 to classify

him as an Armed Career Criminal under 18 U.S.C. § 924(e). 

Because Huffstetler pled guilty to the indictment,

including the special finding that he committed the offense

“subsequent to sustaining at least three convictions for a crime of

violence, which were committed on occasions different from one
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another, in violation of Title 18, United States Code, Section

924(e),” and he does not challenge his conviction or the

voluntariness of his plea, we find Huffstetler’s challenge to the

district court sentencing him as an Armed Career Criminal

meritless. 

Finding no meritorious issues upon our review of the

record, we affirm Huffstetler’s conviction and sentence. This

court requires that counsel inform his client, in writing, of his

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