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No. 13-4033
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Fox, Senior
District Judge. (7:11-cr-00123-F-1)
Submitted:
August 8, 2013
Decided:
PER CURIAM:
Osciel Garcia Estrada pleaded guilty to conspiracy to
possess with intent to distribute cocaine, in violation of 21
U.S.C. 846 (2006).
140
months
of
imprisonment
and
he
now
appeals.
Appellate
738
(1967),
reasonable.
questioning
whether
Estradas
sentence
is
United
A waiver
the
States v.
question
issue
is
Blick,
of
within
408
whether
F.3d
a
the
scope
162,
defendant
168
of
the
(4th
validly
waiver.
Cir.
waived
United
2005).
his
right
The
to
To determine
of
the
circumstances,
including
the
experience
and
and
agreement.
Cir.
2002)
familiarity
with
the
terms
of
the
plea
quotation
marks
and
citation
omitted).
the
waiver
is
both
valid
and
enforceable.
United
States v. Johnson, 410 F.3d 137, 151 (4th Cir. 2005); United
States v. Wessells, 936 F.2d 165, 167-68 (4th Cir. 1991).
In addition, the purpose of the Fed. R. Crim. P. 11
colloquy is to ensure that the plea of guilt is entered into
knowingly and voluntarily.
55, 58 (2002).
the
charges
to
which
the
plea
is
offered,
any
mandatory
Fed. R.
appeal
sentence
any
imposed,
except
sentence
above
the
petition
be
filed,
but
counsel
If Estrada requests
believes
that
such
state
dispense
that
with
a
oral
copy
thereof
argument
was
because
served
the
Counsels motion
on
Estrada.
facts
and
We
legal
AFFIRMED IN PART;
DISMISSED IN PART