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No. 14-4482
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Joseph F. Anderson, Jr., District
Judge. (3:12-cr-00040-JFA-1)
Submitted:
Decided:
PER CURIAM:
Jamario Artez Ford pled guilty, pursuant to a plea
agreement, to brandishing a firearm during the commission of a
crime of violence (Count 5), and discharging a firearm during
the commission of a crime of violence (Count 9).
The district
months
consecutively
for
Count
9).
On
appeal,
Fords
For the
first
note
that
Fords
notice
of
appeal
was
untimely and that the district court did not grant an extension
of time to file or reopen the filing period.
In criminal cases,
Cir.
2010)
(stating
that
non-statutory
claim-processing
Appellate
Rule
4(b)
do
not
2
affect
subject
matter
jurisdiction.).
this
court
government;
when
however,
Rule
in
4(b)
this
time
case,
bar
the
is
invoked
government
by
the
has
not
invoked the Rule 4(b) time bar or moved to dismiss the appeal as
untimely.
assistance
and
prosecutorial
misconduct.
Cir.
2007).
the
government
has
not
chosen
to
enforce the waiver, and it is our policy not to raise this issue
sua sponte.
voluntarily
pled
guilty
to
his
offenses
and
that
the
Martinez, 277 F.3d 517, 525 (4th Cir. 2002) (noting that when a
defendant does not seek to withdraw his guilty plea or otherwise
preserve any allegation of Rule 11 error, this court reviews his
plea colloquy for plain error).
hearing
also
reveals
no
reversible
error.
As
noted
by
the
States,
reasonableness
552
U.S.
review
of
38,
51
(2007)
sentences
for
See Gall v.
(discussing
an
appellate
abuse-of-discretion
standard).
We therefore affirm the district courts judgment and
deny counsels motion to withdraw.
client
requests
that
petition
be
filed,
but
If
counsel
served
on
client.
Finally,
we
dispense
with
oral
AFFIRMED