Professional Documents
Culture Documents
No. 13-4433
Appeal from the United States District Court for the Southern
District of West Virginia, at Beckley.
Irene C. Berger,
District Judge. (5:11-cr-00124-1)
Submitted:
Decided:
PER CURIAM:
Elisha
Riggleman
pled
guilty
pursuant
to
plea
officer,
in
violation
of
18
U.S.C.A.
115(a)(1)(B)
courts
give
decision
not
to
responsibility
under
challenges
magistrate
seeking
the
to
Attorney.
the
disqualify
him
credit
Sentencing
judges
the
acceptance
Guidelines.
order
Special
for
denying
Assistant
He
his
of
also
motions
United
States
part.
As
the
Government
notes,
in
his
plea
agreement,
We review
592
F.3d
621,
626
(4th
Cir.
United States v.
2010).
Where
the
and
did
not
breach
its
obligations
under
the
plea
162,
168-69
(4th
Cir.
2005).
determine
whether
an
totality
of
the
circumstances,
2
including
the
defendants
experience,
conduct,
educational
background,
and
familiarity
agreement
during
the
Rule
11
colloquy
and
the
record
410 F.3d 137, 151 (4th Cir. 2005) (quoting United States v.
Marin, 961 F.2d 493, 496 (4th Cir. 1992)).
Riggleman waived his right to seek appellate review
of any sentence of imprisonment or fine imposed by the District
Court, or the manner in which the sentence was determined, on
any
ground
whatsoever
U.S.C. 3742.
including
any
ground
set
forth
in
18
Also,
the
district
court
specifically
questioned
The
unmistakable.
terms
of
the
waiver
were
clear
and
Accordingly, we
because
this
issue
is
within
the
scope
of
the
judges
disqualify
the
order
Special
denying
his
Assistant
motions
United
seeking
States
to
Attorney.
Id.
the
district
court.
Accordingly,
Riggleman
has
waived
court
without
imperiling
his
right
in
part
the
appeal
based
on
to
raise
the
Thus, we will
Rigglemans
failure
to
Accordingly, we
affirm in part.
We affirm in part and dismiss in part the appeal from
the
judgment
of
conviction.
We
dispense
with
oral
argument
AFFIRMED IN PART;
DISMISSED IN PART