Professional Documents
Culture Documents
No. 13-4109
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Max O. Cogburn, Jr.,
District Judge. (3:10-cr-00145-MOC-DCK-1)
Submitted:
Decided:
PER CURIAM:
Jerry
Demario
Guess
pleaded
guilty
pursuant
to
imprisonment
for
the
wire
fraud
conviction
and
concurrent
sentencing,
investigation
grouped
the
the
Government
report,
wire
objected
asserting
fraud
that
conviction
to
the
with
the
Prior
Guess
presentence
report
incorrectly
false
tax
return
Sentencing
applied.
Guidelines
Manual
(USSG)
3D1.4
therefore
appeal
should
be
dismissed
based
on
the
waiver
of
establish
plain
error
on
appeal
Guess
must
establish that: (1) there was error; (2) the error was plain;
and (3) the error affected his substantial rights.
Fed. R.
(2013).
Even
if
Guess
establishes
each
of
these
integrity
proceedings.
or
Henderson,
public
133
S.
reputation
Ct.
at
of
judicial
1126-27
(internal
We
Government
have
did
reviewed
not
plainly
the
record
breach
and
the
conclude
plea
that
agreement.
the
The
is
unable
substantial rights.
We
dispense
contentions
with
are
to
establish
an
adverse
impact
on
his
argument
adequately
because
presented
in
the
facts
and
the
materials
legal
before
this court and argument would not aid the decisional process.
AFFIRMED