Professional Documents
Culture Documents
Unpublished
Unpublished
No. 11-5003
Appeal from the United States District Court for the Western
District of Virginia, at Abingdon.
James P. Jones, District
Judge. (1:07-cr-00037-JPJ-1)
Submitted:
Decided:
PER CURIAM:
Lonnie Edward Malone pled guilty pursuant to a written
plea
agreement
to
furtherance
of
distribute
fifty
possession
drug
grams
of
short-barreled
trafficking
or
more
crime
of
and
shotgun
in
conspiracy
to
methamphetamine.
He
was
no
Malones
viable
guilty
voluntary.
grounds
plea
for
and
appeal
appellate
but
questioning
waiver
were
whether
knowing
and
We affirm.
First, we note that the Government has not relied on
the appellate waiver on appeal, and we do not raise such waivers
sua sponte.
meritorious claims.
involuntary,
trial
court,
through
colloquy
with
the
any
mandatory
minimum
penalty,
the
maximum
possible
pleading guilty.
plain error standard, the defendant must show inter alia that he
would not have pled guilty but for that error.
Malone
contends
that
his
plea
Id. at 532.
was
unknowing
and
Malone avers
that
he
he
lacked
the
capacity
to
understand
that
was
very
years
for
the
conspiracy,
followed
by
ten
year
In support, Malone
order
to
show
that
he
was
incompetent
to
plead
his
constitutional
limited
rights
and
of
realizing
the
ability
to
read
and
write,
and
memory
11
hearing,
Malones
responses
were
appropriate
At the
and
Malones
surrounding
the
count
to
which
Malone
was
pleading
not
provide
Malone
with
even
rough
estimate
of
the
that he understood.
statutory maximum.
that
he
read,
signed,
and
initialed
each
page
of
his
plea
See United States v. Lambey, 974 F.2d 1389, 1395 (4th Cir.
by
the
court
corrects
earlier
misinformation
11
testimony
that
he
understood
that
there
were
no
As such, we
Pursuant to
Accordingly, we affirm
This
court
requires
that
counsel
inform
Malone
in
then
counsel
may
move
this
court
for
leave
to