Académique Documents
Professionnel Documents
Culture Documents
No. 09-8231
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge. (3:05-cr-00040-JPB-JES-1)
Submitted:
Decided:
April 8, 2011
PER CURIAM:
Robert Richardson pled guilty, pursuant to a written
plea agreement, to one count of distributing crack cocaine and
was sentenced to a 210-month term of imprisonment.
On appeal,
grounds
for
appeal,
but
questioning
whether
the
designation
as
career
offender;
and
(5)
the
In its reply
United States v.
We review the
appealed
is
covered
by
the
waiver.
United
States
v.
An appellate waiver
and
Id. at 169.
intelligent,
circumstances,
including
we
the
examine
the
experience
totality
of
the
conduct
of
the
and
with
the
terms
of
the
plea
agreement.
United
States v. General, 278 F.3d 389, 400 (4th Cir. 2002) (internal
quotation marks and citation omitted).
court
fully
questions
defendant
Generally, if a district
regarding
the
waiver
of
colloquy,
understood
the
and
the
full
record
indicates
significance
of
the
that
waiver
the
and
defendant
was
not
factor.
read
understood
and
the
plea
agreement.
The
district
court
We therefore
Richardsons claim
falls
squarely
within
the
scope
of
the
waiver
waiver
right
raised
in
to
provision
appeal
did
his
not,
conviction.
Richardsons
right
errors
not
logically
guilt.
See
Menna
to
challenge
New
York,
first
se
two
brief
with
423
pro
waive
However, Richardson
antecedent,
inconsistent
v.
The
supplemental
waives
however,
nonjurisdictional
the
U.S.
establishment
61,
62-63
of
(1975);
assistance
third
of
and
counsel.
fourth
claims
However,
allege
unless
an
424, 435 (4th Cir. 2008); United States v. Richardson, 195 F.3d
192, 198 (4th Cir. 1999) (providing standard and noting that
ineffective
raised
by
assistance
motion
of
under
counsel
28
claims
U.S.C.A.
generally
2255).
should
We
find
be
that
in
requires
conviction
part
that
as
and
to
counsel
grant
the
Richardsons
inform
Therefore we affirm
Governments
sentence.
Richardson,
in
motion
This
writing,
to
court
of
his
review.
but
If
counsel
Richardson
believes
requests
that
such
that
a
petition
petition
would
be
be