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No. 13-4295
Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling.
John Preston Bailey,
Chief District Judge. (5:12-cr-00020-JPB-JES-3)
Submitted:
Decided:
November 7, 2013
PER CURIAM:
Robert
plea
agreement,
intent
to
Peterson
to
one
distribute
Controlled
pled
count
and
Substances,
841(b)(1)(c),
846
guilty,
of
to
pursuant
conspiracy
distribute
in
He
to
of
appeals,
written
possess
Schedule
violation
(2006).
to
and
21
claiming
with
II
U.S.C.
that
the
For the
will
enforce
the
waiver
if
the
defendants
waiver
was
162,
168-69
(4th
Cir.
2005).
To
determine
whether
an
the
totality
of
defendants
experience,
familiarity
with
the
the
circumstances,
conduct,
educational
agreements
terms.
not
fails
to
knowingly
or
specifically
voluntarily
question
2
made
the
if
including
the
background,
and
United
States
v.
An appeal waiver
the
defendant
district
court
concerning
the
waiver
provision
of
the
plea
agreement
during
the
Rule
11
colloquy and the record indicates that the defendant did not
otherwise
understand
the
full
significance
of
the
waiver.
United States v. Johnson, 410 F.3d 137, 151 (4th Cir. 2005)
(quoting United States v. Marin, 961 F.2d 493, 496 (4th Cir.
1992)).
However,
valid
appeal
this
waiver
court
will
against
not
enforce
defendant
if
an
the
otherwise
government
United
The party
courts
review
is
for
plain
error.
Peterson
breached
must
the
show
plea
not
v.
United
only
agreement,
Puckett
that
but
the
also
Government
that
he
was
prejudiced by the error and that the breach was so obvious and
substantial that failure to notice and correct it affected the
fairness,
integrity
proceedings.
or
public
reputation
of
the
judicial
question
is
whether
Petersons
appeal
is
barred
is.
The
district
court
specifically
by
the
We find that
questioned
Peterson
The
unmistakable.
terms
of
the
waiver
were
clear
and
Because Peterson
contentions
this
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
DISMISSED