Professional Documents
Culture Documents
No. 11-4937
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
William D. Quarles, Jr., District
Judge. (1:11-cr-00173-WDQ-1)
Submitted:
March 2, 2012
SHEDD,
Decided:
Circuit
Judges,
and
HAMILTON,
Senior
PER CURIAM:
Darius Gaskins seeks to appeal his conviction and the
140-month
sentence
imposed
pursuant
to
Federal
Rule
of
to
one
count
of
possession
with
intent
to
distribute
counsel
has
filed
brief
pursuant
to
Anders
v.
sentence
pursuant
to
Gaskinss
conviction
Gaskinss
waiver
of
appellate
dismiss
his
appeal
of
his
sentence.
As
to
the
validity
of
Gaskinss
plea,
this
court
A defendant
F.3d 796, 797 (10th Cir. 1998) (internal quotation marks and
alteration omitted); 18 U.S.C. 3742(c)(1).
A sentence within
11(c)(1)(C)
plea
agreement
cannot
be
the
result
of
an
United States v.
Cieslowski, 410 F.3d 353, 364 (7th Cir. 2005); United States v.
Bethea, 154 F. Appx 329, 331 (4th Cir. 2005) (No. 04-4402).
Gaskinss 140-month sentence is therefore not the result of an
incorrect application of the Guidelines, nor was it imposed in
violation of the law as it is within the applicable statutory
parameters.
This
court
thus
lacks
jurisdiction
to
review
petition
be
filed,
but
counsel
If Gaskins requests
believes
that
such
state
dispense
that
with
a
oral
copy
thereof
argument
was
because
served
the
Counsels motion
on
Gaskins.
facts
and
We
legal
AFFIRMED IN PART;
DISMISSED IN PART