Professional Documents
Culture Documents
Unpublished
Unpublished
No. 11-4204
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Robert E. Payne, Senior
District Judge. (3:09-cr-00347-REP-1)
Submitted:
Decided:
October 3, 2011
PER CURIAM:
John A. Bryant appeals his conviction and 169-month
sentence, following his guilty plea to conspiracy to distribute
and possess with intent to distribute cocaine base, in violation
of 21 U.S.C. 846 (2006).
asserting
appeal,
but
ineffective
that
there
questioning
assistance
supplemental
brief
intelligently
are
of
his
meritorious
whether
trial
counsel.
claiming
waive
no
that
right
counsel
Bryant
he
to
did
grounds
filed
not
appeal,
for
rendered
a
pro
knowingly
that
he
se
and
received
sentence
(FSA).
appeal
The
on
the
pursuant
to
Government
basis
of
the
Fair
a
Sentencing
has
filed
motion
the
appellate
to
waiver
Act
of
2010
dismiss
the
provision
in
United States v.
We review the
appealed
is
covered
by
the
waiver.
United
States
v.
An appellate waiver
Id. at 169.
and intelligent.
knowing
and
intelligent,
circumstances,
including
we
the
examine
the
experience
totality
of
the
conduct
of
the
and
with
the
terms
of
the
plea
agreement.
United
States v. General, 278 F.3d 389, 400 (4th Cir. 2002) (internal
quotation marks omitted).
the
Fed.
R.
Crim.
P.
11
colloquy,
and
the
record
review
of
the
plea
colloquy
before
magistrate
the
right
to
his
conviction
and
sentence
confirmed
at
the
Rule
11
colloquy
required
under
hearing
that
he
read
and
11,
ensuring
that
Bryant
competent
to
enter
the
plea.
Contrary
to
Bryants
informed
him
that
conclude
that
he
Bryant
had
right
knowingly
to
and
appeal.
We
intelligently
therefore
waived
the
broad,
the
waiver
provision
did
not
waive
sentence
imposed
in
excess
of
the
statutory
maximum,
that
to
trial
counsel
adequately
rendered
advise
him
ineffective
regarding
his
assistance
guilty
in
plea,
Governments
motion
to
dismiss
as
to
Bryants
claims
of
This
before
the
court
and
argument
would
not
aid
the
decisional process.
AFFIRMED IN PART;
DISMISSED IN PART