Documente Academic
Documente Profesional
Documente Cultură
No. 11-4848
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
J. Frederick Motz, Senior District
Judge. (1:10-cr-00493-JFM-2)
Submitted:
Decided:
June 6, 2012
PER CURIAM:
Tahirah Carter pleaded guilty to conspiracy to possess
with intent to distribute and distribute heroin, in violation of
21 U.S.C. 846 (2006).
135
months
of
imprisonment
and
she
now
appeals.
Appellate
and
her
whether
guilty
Carter
plea.
should
have
Carter
has
been
filed
allowed
to
se
pro
Finding no error,
we affirm.
Counsel and Carter first argue that the Governments
refusal
to
move
for
downward
departure
for
substantial
As a
general matter, the government has the power, but not the duty,
to make a motion for a downward departure under [U.S. Sentencing
Guidelines Manual] 5K1.1 [(2011)].
998 F.2d 228, 230 (4th Cir. 1993).
authority
to
review
the
governments
refusal
to
file
substantial-assistance
motion
and
to
grant
remedy
if
[the
addition,
when
the
government
bridles
its
See United
Accordingly, prior to
any
mandatory
minimum
3
penalty,
the
maximum
possible
United
1991).
States
v.
DeFusco,
949
F.2d
114,
120
(4th
Cir.
Carters guilty plea was knowing and voluntary and there was no
basis for withdrawal of the plea.
We have examined the entire record in this case in
accordance with the requirements of Anders and have found no
meritorious issues for appeal.
of the district court.
petition
be
filed,
but
counsel
If Carter requests
believes
that
such
Counsels motion
must
served
on
the
facts
state
dispense
that
with
oral
copy
thereof
argument
was
because
Carter.
and
We
legal