Professional Documents
Culture Documents
No. 12-4337
Appeal from the United States District Court for the District of
South Carolina, at Florence.
Terry L. Wooten, District Judge.
(4:10-cr-01172-TLW-1)
Submitted:
November 2, 2012
Decided:
November 7, 2012
Kathy Price Elmore, ORR ELMORE & ERVIN, LLC, Florence, South
Carolina, for Appellant.
Arthur Bradley Parham, Assistant
United States Attorney, Florence, South Carolina, for Appellee.
PER CURIAM:
Joneathon Lorenzo Blakney pled guilty pursuant to a
written
plea
agreement.
On
appeal,
counsel
filed
brief
we affirm.
Because Blakney did not move in the district court to
withdraw his guilty plea, we review any errors in the Rule 11
hearing for plain error.
517, 525 (4th Cir. 2002); see United States v. Muhammad, 478
F.3d
247,
error).
court
249
(4th
Cir.
2007)
(discussing
elements
of
plain
Blakneys
plea
with
was
Rule
11s
knowing
requirements,
and
voluntary,
ensuring
that
that
Blakney
A defendant may, in a
United States
An appeal waiver
Id. at 169.
278
F.3d
389,
400
(4th
Cir.
2002),
and
having
(4th Cir. 2005); United States v. Wessells, 936 F.2d 165, 167-68
(4th
Cir.
1991).
Because,
however,
the
Government
has
not
Blakneys
appeal
on
the
merits.
United
States
v.
Blakney has
failed
correctness
to
accorded
conviction
overcome
such
and
the
appellate
sentence.
sentence.
We
This
presumption
therefore
court
of
affirm
requires
Blakneys
that
counsel
of
the
United
States
for
further
review.
If
Blakney
Counsels
with
oral
argument
because
the
facts
and
We
legal
AFFIRMED