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No. 10-4359
Appeal from the United States District Court for the Eastern
District of North Carolina, at New Bern.
Louise W. Flanagan,
Chief District Judge. (5:07-cr-00260-FL-1)
Submitted:
October 8, 2010
Decided:
PER CURIAM:
Torrence Lashawn Howard appeals the district courts
judgment entered pursuant to his guilty plea, under a written
plea agreement, to carjacking, in violation of 18 U.S.C. 2119
(2006), and using, carrying, and brandishing a firearm during
and
in
relation
to
crime
of
violence.
the
district
sentencing
Manual
court
enhancement
3B1.4
(2007);
erred
in
pursuant
and
(2)
U.S.C.A.
(1)
to
18
applying
U.S.
finding
the
Sentencing
that
two-level
Guidelines
Howard
used
The
motion to dismiss arguing that his waiver was not knowing and
intelligent
and
presenting
for
the
first
time
claim
of
United States v.
We review the
issues
raised
in
Howards
opening
brief
are
of
ineffective
record.
Cir.
conclude
counsel
assistance
that
is
Howards
not
does
claim
cognizable
not
on
of
ineffective
direct
conclusively
appeal
appear
on
as
the
2006).
Furthermore,
enforcement
of
the
valid
waiver
See
United States v. Johnson, 410 F.3d 137, 152 n.2 (4th Cir. 2005);
United States v. Hahn, 359 F.3d 1315, 1327 (10th Cir. 2004).
Therefore, we also dismiss Howards ineffective assistance of
counsel claim.
the
court
and
argument
would
not
aid
the
decisional
process.
DISMISSED