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No. 12-4148
No. 12-4149
Appeals from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Dever, III,
Chief District Judge. (7:10-cr-00075-D-2; 7:10-cr-00075-D-1)
Submitted:
Decided:
January 7, 2013
PER CURIAM:
A federal grand jury returned a multi-count indictment
against
Vaught
Lewellyn
pled
Terrell
guilty
Vaught
without
and
Desmon
plea
Terrill
agreement
to
Barnhill.
aiding
and
four),
21 U.S.C.A.
without
and
distribution
841(a)(1)
plea
(count
agreement
to
of
cocaine,
five).
two
in
violation
Barnhill
counts
of
pled
of
guilty
distribution
of
The
Government
later
filed
one-count
criminal
in
violation
of
21
U.S.C.
846
(count
one),
and
Both defendants
district
court
calculated
Vaughts
Guidelines
The
district
all
court
calculated
Barnhills
Guidelines
range
on
no
meritorious
issues
for
appeal.
Counsel
for
Vaught
whether
voluntarily
made,
Barnhills
whether
guilty
trial
pleas
counsel
were
knowingly
rendered
and
ineffective
of
defendants
appellate rights.
based
on
their
waivers
of
defendant
may
waive
the
right
to
appeal
if
that
Fed.
R.
Crim.
enforceable.
United
appeal
novo.
is
P.
11,
States
the
v.
waiver
Johnson,
is
both
410
valid
and
137,
151
F.3d
question
of
law
this
court
reviews
de
2005).
Our review of the record leads us to conclude that
Vaught knowingly and voluntarily waived the right to appeal his
168-month sentence on count one and his 120-month sentence on
count
two.
We
further
conclude
that
Barnhill
knowingly
and
We
therefore
grant
the
Governments
motion
to
Vaughts
and
Barnhills
appeal
waivers
in
the
Anders
brief
and
Vaught
in
his
pro
se
Accordingly, we
counsel
questions
whether
the
district
Because
To demonstrate plain
error, a defendant must show: (1) there was error; (2) the error
was
plain;
and
(3)
the
error
affected
his
substantial
In
the
to
guilty
plea
context,
defendant
meets
his
burden
but
for
the
Rule
11
omission.
United
States
v.
review
leads
us
of
the
transcripts
to
conclude
that
of
the
the
guilty
district
plea
court
affect
Barnhills
transcripts
reveal
substantial
that
the
rights.
district
Critically,
ensured
the
pleas
the
were
counsel
sentencing.
rendered
ineffective
assistance
prior
to
inappropriate
for
resolution
on
direct
appeal.
Because
2012).
1997).
reasonableness
standard.
This
under
deferential
abuse-of-discretion
review
entails
procedural
and
sentence.
Id. at 51.
appellate
substantive
consideration
of
reasonableness
both
the
of
the
defendants
advisory
Guidelines
range,
gave
the
parties
an
Id. at 49-51.
into
circumstances.
account
Id. at
the
51.
If
the
totality
sentence
of
is
the
within
the
United
Barnhill
district
both
courts
fail
147
review);
(4th
Cir.
United
establish
calculations
attributable to them.
125,
to
States
of
any
the
clear
error
drug
in
the
quantities
(stating
Randall,
171
the
standard
F.3d
195,
of
210-11
that
court
information
relied
on
in
in
the
presentence
calculating
8
the
report
relevant
the
drug
quantity
is
incorrect);
see
also
United
States
v.
Powell,
650 F.3d 388, 392 (4th Cir.) (holding that a sentencing court
may
consider
relevant
uncorroborated
hearsay,
sufficient
indicia
of
information
before
it,
provided
that
the
reliability
to
support
including
information
its
has
accuracy
with
to
respect
each
defendant
and
provided
an
adequate
and our review pursuant to Anders does not reveal, any grounds
to rebut the presumption on appeal that their within-Guidelines
sentences
are
substantively
reasonable.
Accordingly,
we
conclude that the district court did not abuse its discretion in
sentencing Vaught and Barnhill on those counts.
Finally, in accordance with Anders, we have reviewed
the remainder of the record and have found no meritorious issues
for review.
on all counts and their sentences on counts four, five, six, and
eight, and dismiss the appeals of their sentences on counts one,
9
case processing.
This
court
requires
that
counsel
inform
Vaught
and
If Vaught or
this
court
for
leave
to
withdraw
from
representation.
contentions
this
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
DISMISSED IN PART;
AFFIRMED IN PART
10