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No. 09-4904
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Joseph F. Anderson, Jr., District
Judge. (3:09-cr-00010-JFA-1)
Submitted:
Decided:
PER CURIAM:
Daniel T. Monahan appeals his conviction and sentence
entered after he pled guilty to mail fraud, in violation of 18
U.S.C.
1341
(2006).
The
appeal
waiver
contained
in
Government
the
plea
seeks
to
agreement
enforce
and
moves
the
to
knowingly entered into the plea agreement and that the appeal
waiver was enforceable, we deferred action on the Governments
motion until receipt of the briefs in order to determine whether
Monahan raised any issues that fell outside the scope of the
appeal waiver.
issues,
With regard to
plea
agreement
contained
the
following
sentencing
purposes
the
amount
of
loss,
imposing
claim
that
counsel
was
ineffective
for
the
appeal
waiver,
claims
of
ineffective
assistance
for
adequate
development
of
the
record,
of
United
Rather, to
a
defendant
cognizable
on
establishes
direct
appeal
ineffective
if
the
assistance.
record
conclusively
United
States
v.
Richardson, 195 F.3d 192, 198 (4th Cir. 1999); King, 119 F.3d at
295.
Because
Monahans
the
counsel
record
was
does
not
ineffective,
we
conclusively
will
not
establish
review
this
claim.
Accordingly,
we
grant
the
Governments
motion
to