Beruflich Dokumente
Kultur Dokumente
No. 11-5036
Appeal from the United States District Court for the District of
South Carolina, at Anderson.
Henry F. Floyd, District Judge.
(8:11-cr-00337-HFF-1)
Submitted:
Decided:
May 3, 2012
PER CURIAM:
Terry Randall Belk pled guilty to being a felon in
possession of a firearm in violation of 18 U.S.C. 922(g)(1)
(2006).
924(e) (2006), and the district court varied downward from his
advisory guidelines range and sentenced him to the statutory
mandatory minimum sentence of 180 months imprisonment.
attorney
has
filed
California,
386
meritorious
issues
U.S.
brief
738
for
in
accordance
(1967),
appeal
stating
but
with
that
questioning
Belks
Anders
there
v.
are
whether
no
the
pro
se
supplemental
but
for
bore
the
burden
withdrawing
his
of
guilty
has
not
done
so.
The
We affirm.
showing
plea.
fair
Fed.
R.
and
just
Crim.
P.
1992).
the
fairness
of
the
Rule
11
is
warranted
only
if
the
plea
deciding
whether
to
permit
withdrawal,
court
and
and
attaches
binding
if
strong
the
presumption
Rule
11
that
proceeding
the
is
plea
is
adequate.
have
reviewed
the
Ubakanma
factors
and
conclude
assertions in his motion that his plea was involuntary and that
he was not afforded the assistance of counsel, * these assertions
are contradicted by his sworn statements during his properly
conducted
Rule
11
hearing.
Accordingly,
we
conclude
the
We
therefore
affirm
the
district
courts
judgment.
may
move
representation.
in
and
materials
legal
before
court
for
leave
to
withdraw
from
this
contentions
the
court
are
adequately
and
argument
presented
would
not
in
the
aid
the
decisional process.
AFFIRMED