Académique Documents
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No. 09-4845
Appeal from the United States District Court for the Eastern
District of North Carolina, at New Bern.
Louise W. Flanagan,
Chief District Judge. (4:09-cr-00026-FL-1)
Submitted:
April 1, 2010
Decided:
PER CURIAM:
Marvin Earl Daniels pleaded guilty to possession of a
firearm
after
punishable
by
having
a
previously
term
exceeding
been
one
convicted
year
of
of
crime
imprisonment,
in
United States v.
Cir. 2005).
An appeal waiver is valid if the defendant knowingly
and
intelligently
determine
whether
agreed
a
to
waiver
the
is
waiver.
knowing
2
and
Id.
at
169.
To
intelligent,
this
We therefore affirm
petition
be
filed,
but
counsel
If Daniels requests
believes
that
such
Counsels motion
must
state
dispense
that
with
a
oral
copy
thereof
argument
was
because
served
the
on
Daniels.
facts
and
We
legal
AFFIRMED IN PART;
DISMISSED IN PART