Professional Documents
Culture Documents
No. 09-4631
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Frank D. Whitney,
District Judge. (3:07-cr-00079-FDW-1)
Submitted:
Decided:
PER CURIAM:
Patrick Schwenke pled guilty to conspiracy to possess
marijuana
with
intent
to
distribute,
21
U.S.C.
846
(2006)
Upon
the
governments
motion
for
substantial
(2008),
Schwenke
was
sentenced
to
eighteen
months
imprisonment for the conspiracy followed by a consecutive fiveyear term for the 924(c) count.
We affirm.
ounces
of
marijuana,
and
shotgun.
Schwenkes
plea
in
the
presentence
report
to
establish
the
factual
basis.
but
deferred
sentencing,
the
Schwenke
factual
made
no
basis
until
objections
to
sentencing.
the
At
presentence
offense
now
asserts
lacked
that
factual
his
basis
guilty
plea
because
the
to
the
shotgun
seized from his home had not been used for a long time and that
the district court erred in accepting his guilty plea.
Because
the
standard.
claim
of
Rule
11
error
under
the
plain
error
The
His
case
is
thus
distinguishable
from
United
guilty
plea.
To
3
the
extent
that
Schwenke
is
establish
representation.
that
counsel
provided
ineffective
Cir. 2003).
We
court.
legal
before
therefore
affirm
the
judgment
of
the
district
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED