Beruflich Dokumente
Kultur Dokumente
No. 09-4218
Appeal from the United States District Court for the Eastern
District of North Carolina, at New Bern.
Louise W. Flanagan,
Chief District Judge. (4:06-cr-00068-FL-1)
Submitted:
Decided:
PER CURIAM:
Ismalius
Jaron
White
pled
guilty
to
conspiracy
to
history
and
relevant
conduct
purposes;
(2)
whether
Government
has
filed
motion
to
dismiss
the
appeal
of
affirm in part.
First,
we
find
that
White
has
waived
his
right
to
Fed.
hearing
R.
Crim.
voluntarily
sentence.
P.
pled
dismiss
guilty
and
reveals
waived
that
his
he
right
knowingly
to
appeal
and
his
11
the
of
Whites
2
sentence.
Therefore,
we
we
find
no
ineffective
assistance
of
trial
United
States v. King, 119 F.3d 290, 295 (4th Cir. 1997). Instead,
ineffective assistance claims are appropriately brought pursuant
to 28 U.S.C.A. 2255 (West Supp. 2009), to allow for adequate
development of the factual record.
defendant
may
raise
an
ineffective
counsel
claim
on
direct
counsel
prosecutorial misconduct.
test
for
prosecutorial
suggests
the
Government
engaged
in
is
whether
the
prosecution
1993).
Whites
guilty
plea
conviction
simply
does
not
lend
Last,
voluntarily
counsel
executed
his
questions
plea
and
whether
plea
White
knowingly
agreement.
As
and
noted
as he has not shown that but for any alleged errors there was a
reasonable probability that he would not have entered the plea.
United States v. Massenburg, 564 F.3d 337, 344 (4th Cir. 2009).
In accordance with Anders, we have reviewed the entire
record in this case, including the issues raised in Whites pro
se supplemental briefs, and have found no meritorious issues for
appeal.
If the
Counsels
motion must state that a copy thereof was served on the client.
We
dispense
with
oral
argument
because
the
facts
and
legal
DISMISSED IN PART;
AFFIRMED IN PART