Académique Documents
Professionnel Documents
Culture Documents
No. 12-4320
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
J. Frederick Motz, Senior District
Judge. (1:09-cr-00581-JFM-1)
Submitted:
Decided:
PER CURIAM:
Kevin Alexander Scott appeals his conviction following
a guilty plea to Hobbs Act robbery, in violation of 18 U.S.C.
1951 (2006), and use of a firearm during a crime of violence,
in violation of 18 U.S.C. 924(c) (2006).
On appeal, Scott
We affirm.
the
right
to
imprisonment.
appeal
A
sentence
defendant
may,
in
excess
in
of
valid
300
plea
intelligent
decision
to
forgo
the
right
to
appeal.
United
waiver
in
plea
agreement
will
not
However, an
bar
appellate
Scott argued that his plea was not knowing and voluntary because
his trial counsel withheld germane information from him during
the
plea
claim
process.
that
his
As
plea
Scotts
agreement
motion
was
presents
tainted
by
colorable
constitutional
burden
of
withdrawal.
248.
showing
fair
and
just
reason
for
the
and
factors.
factors
just
reason
for
withdrawal,
the
most
courts
consider
six
significant,
as
they
speak
most
and
just
reason
to
upset
settled
1154
(4th
Cir.
systemic
expectations
by
1995).
Further,
an
appropriately
in
denying
Contrary
to
Scotts
Scotts
motion
to
assertions
withdraw
on
his
appeal,
his
guilty
trial
counsel did not withhold germane information from him during the
plea
negotiation
process,
as
the
DNA
report
prepared
by
the
guilty.
emphasis
on
Moreover,
the
DNA
Scotts innocence.
although
report,
the
Scott
report
places
does
significant
not
establish
In addition, the
dispense
contentions
with
are
oral
argument
adequately
because
presented
in
the
facts
and
the
materials
legal
before
this court and argument would not aid the decisional process.
AFFIRMED