Académique Documents
Professionnel Documents
Culture Documents
No. 12-4073
Appeal from the United States District Court for the District of
South Carolina, at Charleston.
Patrick Michael Duffy, Senior
District Judge. (2:10-cr-01096-PMD-1)
Submitted:
Decided:
PER CURIAM:
Jarod Brown pled guilty to possessing firearms as a
convicted felon, in violation of 18 U.S.C. 922(g)(1) (2006).
The district court sentenced him under the Armed Career Criminal
Act
(ACCA),
18
mandatory
minimum
appeals.
On
U.S.C.
of
appeal,
924(e)
fifteen
counsel
(2006),
years
has
to
the
statutory
imprisonment.
filed
brief
Brown
pursuant
to
court
conducted
an
adequate
Fed.
R.
Crim.
P.
11
Brown
We affirm.
plea
colloquy
in
which
it
informs
the
defendant
of,
and
is
relinquishing
by
pleading
guilty.
Fed.
R.
Crim.
P.
11(b)(1); United States v. DeFusco, 949 F.2d 114, 116 (4th Cir.
1991).
The
district
court
must
determine
that
there
is
The
district court also must ensure that the defendants plea was
2
Fed. R.
564 F.3d 337, 342-43 (4th Cir. 2009); see also United States v.
Olano,
507
demonstrate
U.S.
725,
error
732
(1993)
(requiring
occurred,
was
plain,
district
court
made
and
appellant
affected
to
his
substantial rights).
While
the
two
minor
omissions
conclude
omissions.
Brown
cannot
establish
plain
error
in
these
States v. Saft, 558 F.2d 1073, 1080 (2d Cir. 1977) (addressing
failure to advise of right to counsel).
ensured
that
Browns
plea
was
knowing
and
voluntary
and
in
counsel
questions
whether
failing
to
obtain
trial
conditional
counsel
guilty
was
plea
however,
claims
generally
not
of
ineffective
cognizable
on
assistance
direct
appeal
of
.
counsel
are
unless
it
F.3d
424,
omitted).
435
(4th
Cir.
2008)
quotation
marks
United States
Because the
review
the
district
courts
application
of
statutory
18
demonstrates
that
controlled
U.S.C.
Brown
had
three
prior
occurring
on
The
record
convictions
for
occasions
See S.C.
Ann.
offenses
(2006).
separate
Code
substance
924(e)(1)
44-53-370,
44-53-375(B)(1)
(2006)
(statutory
(4th
Cir.
2007)
(finding
4
convictions
under
Youthful
Offender
Act
acceptable
ACCA
predicates);
United
States
v.
This court
the
Supreme
Court
of
the
United
States
for
further
review.
move
in
representation.
this
court
for
leave
to
withdraw
from
contentions
the
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED