Beruflich Dokumente
Kultur Dokumente
No. 11-4201
Appeal from the United States District Court for the District of
Maryland, at Greenbelt.
Alexander Williams, Jr., District
Judge. (8:09-cr-00598-AW-1)
Submitted:
December 1, 2011
Decided:
January 5, 2012
PER CURIAM:
Erick
hearing
to
Roman
one
pled
count
guilty
of
in
conspiracy
Fed.
to
R.
Crim.
P.
11
participate
in
accordance
with
Anders
v.
386
California,
U.S.
738
In
(1967),
issues
for
appeal
but
questioning
whether
the
(2010),
and
whether
Romans
sentence
constituted
an
appellate
rights
under
18
U.S.C.
3742
(2006).
United
A valid
Id.
The validity of an appeal waiver depends on whether
Id. at 169.
turns
circumstances.
particular
on
Id.
facts
and
an
evaluation
of
the
totality
circumstances
accused.
district
background,
surrounding
the
court
fully
the
including
Here,
of
review
experience,
of
the
complied
and
record
with
Rule
[the]
conduct
indicates
11
when
case,
of
the
that
the
accepting
Given no
of
Furthermore,
appellate
because
rights
is
Romans
valid
720-month
and
sentence
enforceable.
does
not
appellate waiver.
Because
of
motion
to
withdraw
guilty
plea
for
abuse
of
discretion.
Cir. 2007).
supports
his
request
to
do
so.
Fed.
R.
Crim.
P.
11(d)(2)(B); United States v. Moore, 931 F.2d 245, 248 (4th Cir.
1991).
essence
the
fairness
of
the
Rule
11
proceeding.
United States v. Lambey, 974 F.2d 1389, 1394 (4th Cir. 1992) (en
banc).
Where,
as
here,
the
4
district
court
substantially
complies
with
the
requirements
of
Rule
11
in
accepting
See id.
conclude
discretion
in
that
denying
the
district
Romans
court
motion
to
did
not
withdraw
abuse
his
its
guilty
plea.
In accordance with Anders, we have reviewed the record
in this case, mindful of the scope of the appellate waiver, and
have
found
affirm
no
Romans
meritorious
conviction
motion to withdraw.
issues
and
for
appeal.
sentence.
We
We
therefore
deny
counsels
DISMISSED IN PART
AND AFFIRMED IN PART