Professional Documents
Culture Documents
Unpublished
Unpublished
No. 15-4492
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Robert J. Conrad,
Jr., District Judge. (3:13-cr-00258-RJC-8)
Submitted:
Decided:
April 5, 2016
PER CURIAM:
Lance
Richardson
Pagan
pled
guilty
pursuant
to
plea
The
district
the
court
calculated
Pagans
Guidelines
range
under
386
U.S.
738
(1967),
stating
that
there
are
no
plea,
whether
trial
counsel
rendered
ineffective
sentence,
misconduct.
not
seek
agreement. *
whether
the
prosecution
engaged
in
several issues.
does
and
enforce
the
appeal
waiver
in
Pagans
plea
We affirm.
Because
Pagan
did
not
move
in
the
district
court
to
for
plain
277 F.3d
517,
error
524-26
(4th
only.
Cir.
2002).
was
rights.
the
plain;
and
(3)
the
United
States
To
v.
Martinez,
demonstrate
plain
affected
his
substantial
guilty
plea
context,
defendant
meets
his
burden
In
to
but
omissions.
for
the
United
district
States
v.
courts
Fed.
Massenburg,
R.
564
Crim.
F.3d
P.
337,
11
343
affect
Pagans
substantial
rights.
Additionally,
the
entered
the
plea
knowingly
and
voluntarily
with
an
Accordingly, we discern no
Next,
we
decline
assistance
of
counsel.
conclusively
appears
to
reach
Pagans
Unless
on
the
an
face
claim
attorneys
of
the
of
ineffective
ineffectiveness
record,
ineffective
by
inappropriate
Pagans
for
trial
resolution
counsel,
on
direct
we
deem
this
appeal.
See
claim
United
States v. Baptiste, 596 F.3d 214, 216 n.1 (4th Cir. 2010).
Turning
to
reasonableness
standard.
This
84-month
under
sentence,
deferential
we
review
it
for
abuse-of-discretion
review
procedural
Pagans
entails
and
appellate
substantive
consideration
reasonableness
of
of
both
the
the
sentence.
court
properly
Id. at 51.
After
determining
whether
the
district
(2012)
factors
and
any
arguments
presented
by
the
Id. at 49-51.
Id. at 51.
is
presumptively
substantively
reasonable.
United
States v. Louthian, 756 F.3d 295, 306 (4th Cir.), cert. denied,
135 S. Ct. 421 (2014).
Id.
the
Guidelines
range
and
properly
heard
argument
and
characteristics
and
the
nature
of
his
offense
conduct and the need for the sentence to promote respect for the
law, provide just punishment, afford adequate deterrence, and
protect the public from further crimes by Pagan.
sentence
is
substantively
reasonable.
United
To succeed
and
find
no
improper
Id.
conduct
on
the
part
of
the
of
supplemental
appeal.
We
the
record
brief
and
therefore
in
have
affirm
this
found
the
case
no
and
Pagans
meritorious
district
courts
pro
issues
se
for
judgment.
may
move
representation.
in
this
court
for
leave
to
withdraw
from
are
adequately
presented
in
the
materials
before
this court and argument would not aid the decisional process.
AFFIRMED