United States v. McCain, 413 F. App'x 628

McCain pled guilty, pursuant to a written plea agreement, to three offenses in his superseding indictment and received a life sentence for murder, a 30-year concurrent sentence for attempted murder, and a life sentence for using a firearm in furtherance of a drug trafficking crime and crime of violence.
On appeal, counsel filed an Anders brief asserting no meritorious grounds but raising two issues: plea validity and sentencing.
The panel conducted plain-error review under Martinez where the defendant did not move to withdraw his guilty plea in district court.
The court found no plain error at sentencing and no abuse of discretion under Gall in light of the statutory mandates.
McCain’s life sentences were mandated by statute, and because he was a minor at the time of the offenses, death sentencing was unavailable.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity of the guilty plea	McCain challenges the plea process under Anders.	McCain contends potential errors in acceptance of the plea.	No plain error found; plea acceptance was proper.
Lawfulness of the sentencing	McCain argues sentencing errors occurred.	District court abused its discretion in sentencing.	No abuse of discretion; sentences mandated by statute.

Anders v. California, 386 U.S. 738 (U.S. 1967) (plain- Anders review for Anders brief)
United States v. Martinez, 277 F.3d 517 (4th Cir. 2002) (plain-error review standard when no plea withdrawal in district court)
Gall v. United States, 552 U.S. 38 (U.S. 2007) (abuse-of-discretion review for sentencing under Gall)