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No. 06-4053
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Graham C. Mullen, Chief
District Judge. (3:04-cr-00161-1)
Submitted:
Decided:
PER CURIAM:
Mario Alberto Reyes pleaded guilty, pursuant to a plea
agreement, to one count of conspiracy to possess with intent to
distribute and to distribute 500 grams or more of cocaine, in
violation of 21 U.S.C.A. 846, 841(a)(1), (b)(1)(A) (West 1999 &
Supp. 2006); and one count of using and carrying a firearm during
and in relation to a drug trafficking crime and possessing the
firearm in furtherance of the drug trafficking crime, in violation
of 18 U.S.C.A. 924(c) (West Supp. 2006) (Count Four).
Reyess
of imprisonment on the drug conspiracy, and a consecutive sixtymonth term on the firearm count.
We affirm.
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must establish that an error occurred, that the error was plain,
and that the error affected his substantial rights.
States v. Olano, 507 U.S. 725, 732 (1993).
United
Correction of plain
(1985)).
Counsel
jurisdiction.
suggests
that
the
district
court
lacked
Reyes
did not move in the district court to withdraw his guilty plea;
therefore, this court reviews his challenge to the adequacy of the
Fed. R. Crim. P. 11 hearing for plain error.
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Prior to accepting a
guilty plea, the trial court must ensure the defendant understands
the nature of the charges against him, the mandatory minimum and
maximum sentences, and other various rights, so it is clear that
the defendant is knowingly and voluntarily entering his plea.
The
court must also determine whether there is a factual basis for the
plea.
one
co-defendant
and
the
thirty-seven
month
sentence
imposed on the other co-defendant, and the fact that Reyes was the
only suspect who cooperated with authorities and admitted his
involvement in the conspiracy.
need
to
avoid
unwarranted
sentence
disparities
among
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departure
misconduct
from
such
the
as
Guideline
range,
manipulating
absent
Guideline
prosecutorial
factors.
United
Reyes does
sentence is reasonable.
In accordance with Anders, we have reviewed the record in
this case and have found no meritorious issues for appeal.
We have
also
pro
considered
the
arguments
asserted
in
Reyess
se
If Reyes
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AFFIRMED
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