Professional Documents
Culture Documents
No. 07-4076
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
J. Frederick Motz, District Judge.
(1:01-cr-00304-JFM)
Submitted:
Decided:
PER CURIAM:
Darryle Robertson appeals his conviction and 360-month
sentence pursuant to a guilty plea to one count of conspiracy to
distribute and possess with intent to distribute fifty grams of
more of cocaine base, five or more kilograms of cocaine, and one
kilogram or more of heroin, in violation of 21 U.S.C. 846 (2000).
On appeal, Robertson argues that his guilty plea was involuntary.
Finding no reversible error, we affirm.
Because Robertson did not move in the district court to
withdraw his guilty plea, his challenge to the adequacy of the Fed.
R. Crim. P. 11 hearing is reviewed for plain error.
United
States v. Martinez, 277 F.3d 517, 525 (4th Cir. 2002) (holding that
plain
error
analysis
is
the
proper
standard
for
review
of
the court to determine whether there was error, whether the error
was plain, and whether it affected the defendants substantial
rights.
Id.
at
524.
If
defendant
establishes
these
seriously
affects
the
fairness,
540,
555
(4th
Cir.
2005)
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or
public
(internal
citation omitted).
integrity
quotation
marks
and
that
pursuant
because
he
was
sentenced
to
U.S.
Sentencing
USSG
848(e).
Moreover, Apprendi does not reach a judges determination
as to facts impacting the determination of a sentence, provided the
resulting sentence is within the statutory maximum authorized by
the elements charged in the indictment.
255 F.3d 150, 156 n.5 (4th Cir. 2001); see also United States v.
Kinter, 235 F.3d 192, 202 (4th Cir. 2000) (general sentencing
enhancements under sentencing guidelines do not violate Apprendi
when sentence is within maximum prescribed in United States Code).
The statutory maximum for violation of 846 is life imprisonment.
Robertson
was
sentenced
within
- 3 -
the
statutory
maximum,
and
enough time to speak to his attorney and was satisfied with his
attorney.
The
upon
Robertson
sentence
waived
collaterally
his
attack
of
360
right
his
months
to
appeal
conviction
- 4 -
and
imprisonment,
his
and
sentence
sentence.
that
and
The
to
court
Robertson agreed to
The
we
affirm
Robertsons
conviction
and
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