Professional Documents
Culture Documents
No. 14-4516
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Max O. Cogburn, Jr.,
District Judge. (3:12-cr-00295-MOC-DCK-1)
Submitted:
Decided:
February 5, 2015
PER CURIAM:
Armando
plea
agreement
Jimenez
to
Tagle
pleaded
conspiracy
to
guilty
possess
pursuant
with
to
intent
a
to
21
U.S.C.
841(b)(1)(A),
846
(2012).
After
departing
Tagle appeals,
asserts
that
counsel
was
ineffective
at
federal
court.
conclusively
appears
Unless
on
the
an
face
attorneys
of
the
ineffectiveness
record,
ineffective
such
pursuant
to
sufficient
claims
28
should
U.S.C.
development
be
2255
of
the
raised
in
(2012),
in
record.
motion
order
United
brought
to
permit
States
v.
judgment
reflects
the
district
2
courts
view
that
Tagle
should
be
charges.
granted
credit
for
time
served
on
related
state
Tagle
challenges
the
length
of
his
sentence,
arguing that he was not given credit for time he spent in state
custody on related charges.
knowingly
waived
and
intelligently
his
right
to
appeal
his
the
totality
of
the
circumstances,
including
the
Generally,
omitted).
Our
review
of
the
record
confirms
that,
under
the
ineffective
misconduct.
assistance
of
counsel
and
prosecutorial
and
dismiss
in
part.
We
dispense
with
oral
argument
In any event, we note that the district court did not have
the authority to determine the extent of credit toward the
service of a term of imprisonment for time spent in official
detention at sentencing. See 18 U.S.C. 3585(b); United States
v. Wilson, 503 U.S. 329, 334 (1992). Only the Attorney General,
acting through the Bureau of Prisons, may compute sentencing
credit. Id. at 334-35.
in the materials before this Court and argument would not aid
the decisional process.
AFFIRMED IN PART;
DISMISSED IN PART