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No. 14-4788
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
District Judge. (1:14-cr-00114-CCE-1; 1:13-cr-00121-CCE-1)
Submitted:
Decided:
PER CURIAM:
Claude
defraud
Arthur
the
Verbal,
United
II,
States,
pled
in
guilty
violation
to
of
conspiracy
18
U.S.C.
to
371
laundering,
(2012).
in
violation
of
18
U.S.C.
2,
1957(a)
386
U.S.
738
(1967),
stating
that
there
are
no
the
Verbals
sentence.
district
guilty
plea
court
and
reversibly
abused
its
erred
in
discretion
accepting
in
imposing
We affirm.
Verbal
did
not
move
in
the
district
court
to
United States v.
To demonstrate
plain error, a defendant must show: (1) there was error; (2) the
error
was
plain;
and
(3)
the
error
2
affected
his
substantial
rights.
the
guilty
plea
context,
defendant
meets
his
In
burden
to
but
for
the
district
courts
Rule
11
omissions.
United States v. Massenburg, 564 F.3d 337, 343 (4th Cir. 2009).
Our review of the transcript of the guilty plea hearing
leads
us
complied
to
conclude
guilty
with
the
plea.
district
knowingly
mandates
the
of
Critically,
court
independent
that
ensured
basis
and
in
voluntarily
consequences.
Rule
the
that
fact
district
plea
that
with
was
Verbal
an
substantially
accepting
reveals
Verbals
that
supported
by
the
an
entered
the
plea
understanding
of
the
in
transcript
the
and
11
court
to
reasonableness
standard.
This
under
sentence,
we
deferential
review
it
for
abuse-of-discretion
review
procedural
Verbals
entails
and
appellate
substantive
consideration
reasonableness
3
of
of
both
the
the
sentence.
Id. at
51.
consider
In
determining
whether
defendants
the
advisory
procedural
district
court
Guidelines
reasonableness,
properly
range,
gave
calculated
the
we
the
parties
an
Id. at 4951.
review
it
for
substantive
reasonableness,
within
presumptively
properly
substantively
calculated
tak[ing]
into
Id. at 51.
Any
Guidelines
reasonable.
United
range
is
States
v.
Louthian, 756 F.3d 295, 306 (4th Cir.), cert. denied, 135 S. Ct.
421
(2014).
Such
presumption
can
only
be
rebutted
by
Id.
grounds
to
rebut
the
presumption
4
appeal
that
his
within-Guidelines
sentence
is
substantively
reasonable.
of
the
record
in
this
judgment.
This
case
and
have
found
no
court
requires
that
counsel
inform
petition
be
filed,
but
counsel
If Verbal requests
believes
that
such
Counsels motion
are
adequately
presented
in
the
materials
before
this court and argument would not aid the decisional process.
AFFIRMED