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United States v. James Barker, 4th Cir. (2015)
United States v. James Barker, 4th Cir. (2015)
United States v. James Barker, 4th Cir. (2015)
No. 15-4108
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston.
Thomas E. Johnston,
District Judge. (2:14-cr-00056-1)
Submitted:
Decided:
PER CURIAM:
James
sentence
Harry
imposed
Barker
appeals
following
his
his
guilty
conviction
plea
to
and
30-month
conspiracy
to
On
affirm.
Because Barker did not seek to withdraw his guilty plea in
the district court, we review the plea hearing for plain error.
United States v. Martinez, 277 F.3d 517, 527 (4th Cir. 2002).
Under this standard, Barker bears the burden to demonstrate that
(1) an error occurred, (2) the error was plain, (3) the error
affected his substantial rights, and (4) we should exercise our
discretion to note the error.
United States v. Damon, 191 F.3d 561, 564 (4th Cir. 1999).
2
United States v.
Moussaoui, 591 F.3d 263, 291 (4th Cir. 2010) (internal quotation
marks omitted).
To
district
court
ignored
facts
raising
bona
fide
doubt
regarding his competency, such that the district court abused its
discretion in accepting the plea.
the
court
questioned
Barker
thoroughly
regarding
revealed
prescription
that
medicines,
Barker
was
Barkers
and
illiterate
his
and
counsels
taking
responses
Turning
to
Barkers
sentencing
challenge,
we
review
3553(a)
(2012)
sentence imposed.
factors,
and
inadequate
explanation
of
the
If we find no
Gall, 552
See
is substantively reasonable.
295, 306 (4th Cir.), cert. denied, 135 S. Ct. 421 (2014).
Barker
Id.
The court
We
This court
Counsels
AFFIRMED