Professional Documents
Culture Documents
No. 15-4463
a/k/a
Cocho,
a/k/a
Yuyo,
a/k/a
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Frank D. Whitney,
Chief District Judge. (3:14-cr-00109-FDW-1)
Submitted:
Decided:
PER CURIAM:
Miguel Angel Rodriguez appeals his conviction and 120-month
sentence
imposed
following
his
guilty
plea
to
conspiracy
to
On
issues
for
appeal
but
questioning
whether
the
11
in
accepting
Rodriguezs
guilty
plea
and
whether
the
Rodriguez was
to
which
he
is
pleading
guilty,
the
maximum
possible
is
relinquishing
by
pleading
guilty.
Fed.
R.
Crim.
P.
11(b)(1); United States v. DeFusco, 949 F.2d 114, 116 (4th Cir.
1991).
an
independent
factual
basis
and
2
not
the
result
of
force,
Fed. R. Crim.
P. 11(b)(2), (3).
Because Rodriguez did not move to withdraw his guilty plea
or otherwise preserve error in the plea proceedings, we review
his plea colloquy for plain error.
In
the
guilty
plea
context,
an
error
affects
(4th
2015)
Cir.
omitted).
(alteration
and
internal
quotation
marks
fairness,
integrity
proceedings.
or
public
reputation
of
judicial
complied
the
omissions
plea
with
the
colloquy.
during
the
requirements
of
While
the
court
colloquy,
see
Fed.
Rule
made
R.
11
in
several
Crim.
P.
the
plea
independent
was
knowing,
factual
basis,
See
voluntary,
we
find
and
the
supported
plea
by
valid
an
and
enforceable.
We review Rodriguezs sentence for reasonableness, applying
a deferential abuse-of-discretion standard.
States, 552 U.S. 38, 46 (2007).
Gall v. United
of
the
Sentencing
Guidelines,
insufficient
United States
v. Lynn, 592 F.3d 572, 575 (4th Cir. 2010) (internal quotation
marks
omitted).
If
we
find
the
sentence
procedurally
presume
substantively
that
within-Guidelines
is
We
reasonable.
United States v. Louthian, 756 F.3d 295, 306 (4th Cir. 2014).
Rodriguez bears the burden to rebut this presumption by showing
that
the
sentence
is
unreasonable
when
measured
against
the
Id.
The court
the
sentence
it
imposed,
grounded
in
the
3553(a)
factors.
accordance
with
Anders,
we
have
reviewed
the
entire
We
therefore
affirm
the
district
courts
judgment.
but
counsel
that
such
petition
would
be
are
adequately
presented
in
the
materials
before
this court and argument would not aid the decisional process.
AFFIRMED