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Unpublished
Unpublished
No. 07-4312
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Robert J. Conrad, Jr.,
Chief District Judge. (3:05-cr-00234)
Argued:
Decided:
June 4, 2008
PER CURIAM:
Henry Geovani Moran appeals his drug and firearm convictions.
Finding no error, we affirm.
Moran was indicted on four counts of possession with intent to
distribute cocaine (Counts 1-4), see 21 U.S.C. 841(a)(1); one
count of using and carrying a firearm during and in relation to,
and possessing a firearm in furtherance of, a drug trafficking
crime (Count 5), see 18 U.S.C. 924(c)(1); and one count of
possession of an unregistered firearm (Count 6), see 26 U.S.C.
5841, 5861(d), and 5871.
Moran
J.A. 35.
obtained new counsel, neither he nor his counsel pursued the matter
further.
In a related
argument, Moran also argues that the court erred by finding that an
adequate factual basis exists to support his plea as to Counts 4
and 5.*
11
and
the
discretion
accorded
the
district
court
in
498 F.3d 82, 85 n.1 (1st Cir. 2007) (finding forfeiture under
similar circumstances).
the argument and find that the district court did not abuse its
discretion in denying the motion.
Ubakanma, 215 F.3d 421, 424 (4th Cir. 2000) (discussing standard of
review of denial of plea withdrawal motion).
Finally, Moran argues that his counsel provided ineffective
assistance.
normally raised before the district court via 28 U.S.C. 2255 and
are cognizable on direct appeal only where it conclusively appears
on the record that defense counsel did not provide effective
representation.
Cir. 2007).
AFFIRMED