Documente Academic
Documente Profesional
Documente Cultură
No. 10-4908
Appeal from the United States District Court for the Western
District of North Carolina, at Bryson City.
Martin K.
Reidinger, District Judge. (2:09-cr-00029-MR-1)
Submitted:
October 4, 2011
Before TRAXLER,
Judges.
Chief
Judge,
Decided:
and
GREGORY
and
WYNN,
Circuit
PER CURIAM:
Albert Espinoza pled guilty to conspiracy to possess
with intent to distribute at least 1000 kilograms of marijuana,
in violation of 21 U.S.C. 846, 841(b)(1)(A) (2006).
plea
agreement,
truthful
contest
Espinoza
testimony
his
and
conviction
agreed
to
information
and
cooperate
and
by
sentence,
waived
all
except
for
In the
providing
rights
to
claims
of
discretion
to
determine
substantial
assistance
pursuant
U.S.
to
(2009).
appeal
or
warranting
Sentencing
Espinoza
also
collaterally
whether
a
motion
Guidelines
waived
all
attack
the
Espinoza
for
provided
departure
(USSG)
Manual
objections
and
Governments
5K1.1
rights
to
determination
downward
departure
Espinozas
substantial
Espinozas
testimony
determination
that
pursuant
USSG
assistance.
at
he
to
made
However,
sentencing
false
5K1.1
and
based
statements
based
on
following
on
therein,
its
the
obstruction
of
justice
under
USSG
3C1.1.
The
plea
the United States will not move for a reduction in sentence and
may
seek
an
increased
sentence
if
the
defendant
knowingly
advisory
Guidelines
sentencing
range
to
210
months
of
the
Government
imprisonment.
breached
motion
On
appeal,
the
plea
and
sentencing.
that
Espinoza
agreement
counsel
argues
by
that
withdrawing
provided
its
ineffective
USSG
5K1.1
assistance
at
Espinozas
claim
of
ineffective
assistance
of
counsel,
We
dismiss.
Espinoza does not challenge the validity of his plea
or
the
waiver
of
his
right
to
appeal.
Instead,
Espinoza
its
USSG
5K1.1
motion
and
seeking
sentencing
enhancements.
Cir. 2006).
cooperation
agreement,
Governments
decision
regarding
Accordingly, we dismiss
we
assistance
find
of
no
counsel
conclusive
and
therefore
evidence
decline
of
to
(4th
2008)
(Ineffective
assistance
claims
are
it
counsel
conclusively
did
not
appears
provide
from
effective
the
record
that
representation.
defense
(internal
contentions
the
court,
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
DISMISSED