Académique Documents
Professionnel Documents
Culture Documents
No. 11-5135
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Martin K. Reidinger,
District Judge. (1:10-cr-00050-MR-1)
Submitted:
Decided:
in
part,
and
PER CURIAM:
John Webb Powell pled guilty, pursuant to a written
plea agreement, to possession of materials involving the sexual
exploitation
of
minors,
2256(a)(4)(B) (2006).
in
violation
of
18
U.S.C.
States
for
the
costs
of
his
appointed
counsel.
On
prepubescent
minors
and
two-level
sentencing
Manual
argues
government
(USSG)
that
for
the
his
2G2.2(b)
order
(2010).
requiring
court-appointed
him
In
to
addition,
reimburse
attorneys
fees
the
was
erroneous.
In
sentencing
provision
response,
challenges
in
his
plea
the
are
Government
barred
agreement,
by
which
argues
the
that
Powells
appellate
precludes
waiver
appeal
of
A defendant
knowing
appeal.
and
intelligent
decision
to
forgo
the
right
to
Cir. 1992).
Powell
does
not
question
whether
he
knowingly
and
as
he
filed
sentencing
memorandum
contesting
the
However, Powell
In the plea
Although
set
forth
Powell
objected
in
presentence
the
to
the
report
sentencing
prior
to
sentencing and the court had not yet considered his arguments
when it accepted his guilty plea, this does not alter the fact
that Powell entered a valid and enforceable waiver.
Because
Powells
of
sentencing
challenges
fall
within
the
scope
the
from
considering
his
sentencing
arguments
on
appeal.
We
directing
reimbursement
of
court-appointed
attorneys
313,
322
(4th
Cir.
2012),
this
court
ruled
that
the
availability
of
funds
to
pay
for
the
reimbursement
of
Instead, as in Moore,
the court found that Powell did not have the ability to pay a
fine
or
interest,
but
ordered
Powell
to
pay
for
his
courtAs the
while
we
dismiss
Powells
challenge
to
courts
judgment
relating
to
the
reimbursement
of
with
our
decision
in
Moore.
We
affirm
Powells
We dispense
with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
the
court
and
IN PART,
IN PART,
IN PART,
REMANDED