Академический Документы
Профессиональный Документы
Культура Документы
No. 10-4591
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Fox, Senior
District Judge. (7:09-cr-00126-f-4)
Submitted:
Decided:
PER CURIAM:
Victor Mendoza-Montiel pled guilty pursuant to a plea
agreement to conspiracy to possess with intent to distribute
five kilograms or more of cocaine, 21 U.S.C. 846 (2006), and
possession
of
firearm
during
and
in
relation
to
drug
Counsel
asserting
there
are
no
appealable
issues.
Mendoza-
but did file a motion to dismiss the appeal based upon MendozaMontiels agreement to waive his right to appeal his sentence.
We affirm in part and dismiss in part.
Mendoza-Montiel entered into a plea agreement in which
he agreed to:
waive knowingly and expressly all rights, conferred by
18 U.S.C. 3742, to appeal whatever sentence is
imposed, including any issues that relate to the
establishment
of
the
advisory
Guideline
range,
reserving only the right to appeal from a sentence in
excess of the applicable advisory Guideline range that
is established at sentencing[.]
A
criminal
defendant
may
waive
the
right
to
appeal
if
that
United
Whether a
an
appeal
waiver
and
there
is
no
claim
that
the
our
review
of
the
record,
we
conclude
that
11
hearing.
We
further
conclude
that
there
are
no
enforce the waiver, we dismiss that part of the appeal from the
sentence.
Because
Mendoza-Montiel
did
not
waive
his
right
to
appeal his convictions, we have reviewed the record and the Rule
11
proceeding
concerning
his
and
find
no
meritorious
two
convictions.
convictions.
3
issues
Accordingly,
we
for
appeal
affirm
the
This
may
renew
representation.
his
motion
for
leave
to
withdraw
from
AFFIRMED IN PART;
DISMISSED IN PART