United States v. Samuel Holloman
679 F. App'x 256
| 4th Cir. | 2017Background
- Defendant Samuel Eugene Holloman pleaded guilty to possession with intent to distribute >=100 grams of heroin (21 U.S.C. § 841) and being a felon in possession of firearms (18 U.S.C. § 922(g)).
- He was sentenced to 168 months’ imprisonment following a written plea agreement that included an appellate-waiver provision.
- Counsel filed an Anders brief asserting no meritorious issues for appeal but questioned (1) denial of a suppression motion, (2) drug-quantity calculation for sentencing, and (3) a sentencing enhancement for maintaining premises for drug activity. The government did not respond; the waiver was not enforced by the government.
- Holloman did not file a pro se supplemental brief and did not preserve the suppression issue by entering a conditional plea.
- The district court converted seized currency into heroin weight for sentencing and applied a Sentencing Guidelines enhancement for maintaining a premises to distribute drugs; Holloman did not object to that enhancement at sentencing.
Issues
| Issue | Plaintiff's Argument (Holloman) | Defendant's Argument (Government) | Held |
|---|---|---|---|
| Denial of motion to suppress | Court erred in denying suppression | Waiver of appeal as to suppression; merits not preserved | Waived by plea (no conditional plea); not reviewable |
| Drug-quantity calculation | Currency conversion to heroin weight improper | Currency linked to heroin sales; conversion proper | Court properly credited link; preponderance supports quantity attribution |
| Premises enhancement under U.S.S.G. §2D1.1(b)(12) | Enhancement improper — insufficient control/operation of premises | Facts show Holloman controlled illicit activity on premises | Reviewed for plain error; no plain error—enhancement proper |
| Appellate waiver / Anders review | Waiver bars appeal | Government did not enforce waiver; court must still review under Anders | Anders review performed; no meritorious issues; judgment affirmed |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedure for counsel to withdraw when appeal is frivolous)
- United States v. Poindexter, 492 F.3d 263 (4th Cir. 2007) (Anders review guidance when government does not assert waiver)
- United States v. Kiulin, 360 F.3d 456 (4th Cir. 2004) (preponderance standard for attributing drug quantity)
- United States v. Sampson, 140 F.3d 585 (4th Cir. 1998) (permitting conversion of drug-related currency to drug quantity when linked to sales)
- United States v. Bowles, 602 F.3d 581 (4th Cir. 2010) (conditional plea required to preserve suppression claim on appeal)
- United States v. Strieper, 666 F.3d 288 (4th Cir. 2012) (plain-error review for unobjected-to sentencing enhancements)