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United States v. Berny Nunez, 4th Cir. (2014)
United States v. Berny Nunez, 4th Cir. (2014)
No. 14-4427
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Frank D. Whitney,
Chief District Judge. (3:12-cr-00328-FDW-1)
Submitted:
Decided:
PER CURIAM:
Berny A. Nunez pled guilty, without the benefit of a
written plea agreement, to conspiracy to distribute and possess
with intent to distribute 50 grams or more of methamphetamine,
in violation of 21 U.S.C. 841(b)(1)(A), 846 (2012). *
Based on
Nunezs
imprisonment.
advisory
At
Guidelines
sentencing,
range
the
was
district
135-168
court
months
found
that
Nunez qualified for the safety valve provision and lowered his
total offense level to 29, with a resulting advisory Guidelines
range of 87 to 108 months imprisonment.
87-month
sentence,
below
the
statutory
minimum
grounds
for
appeal
but
questioning
whether
the
Cir. 2002).
that (1) the district court committed an error; (2) the error
was plain; and (3) the error affected his substantial rights.
Henderson v. United States, 133 S. Ct. 1121, 1126 (2013).
In
the
of
guilty
plea
context,
defendant
meets
his
burden
but
for
the
Rule
11
omission.
United
States
v.
the
Governments
attorney
should
have
Counsel argues
been
required
to
no
authority
Nunez
was
suggesting
given
the
otherwise.
benefit
of
In
the
any
safety
event,
valve
This court
the
Supreme
Court
of
the
United
States
for
further
review.
move
in
representation.
this
court
for
leave
to
withdraw
from
contentions
this
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED