Professional Documents
Culture Documents
No. 12-4685
Appeal from the United States District Court for the Southern
District of West Virginia, at Huntington.
Robert C. Chambers,
Chief District Judge. (3:11-cr-00177-1)
Submitted:
Decided:
April 4, 2013
PER CURIAM:
Deon
imprisonment
Powell
after
was
sentenced
pleading
to
guilty,
seventy-one
pursuant
to
months
a
plea
Powell
counsels
alleged errors.
appeal,
filed
arguments
pro
and
se
supplemental
asserting
brief
several
other
asserting
that
he
waived
the
right
to
appeal
his
in part.
We review de novo whether a defendant has effectively
waived the right to appeal.
(4th
Cir.
omitted).
To
intelligent,
circumstances,
1995)
(internal
determine
this
whether
court
including
quotation
a
examines
the
waiver
the
defendants
2
marks
is
and
citation
knowing
totality
experience,
of
and
the
conduct,
educational
background,
agreements terms.
(4th Cir. 2002).
and
familiarity
with
the
plea
the
waiver
is
both
valid
and
enforceable.
United
However,
he
response
understood
to
the
those
terms.
Governments
Powell
motion
to
admits
dismiss,
this
in
his
and
did
not
erred
in
denying
his
pretrial
motions
to
suppress
and
However, Powell
quantity
calculation
concerns
the
manner
in
which
his
Guidelines
range
corresponding
to
an
offense
level
of
squarely
Accordingly,
within
the
grant
the
we
scope
of
the
Governments
appellate
motion
to
waiver.
dismiss
has
By
waived
knowingly
appellate
and
voluntarily
review
of
the
pleading
guilty,
remaining
claims.
United States v. Willis, 992 F.2d 489, 490-91 (4th Cir. 1993).
We also conclude that the record does not conclusively establish
that counsel was ineffective; accordingly, Powells ineffective
assistance claim is not cognizable on direct appeal.
States v. King, 119 F.3d 290, 295 (4th Cir. 1997).
United
We
of
court
his
requires
right
to
that
petition
counsel
the
inform
Supreme
Powell,
Court
of
in
the