Professional Documents
Culture Documents
No. 09-5068
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Catherine C. Blake, District Judge.
(1:07-cr-00395-CCB-5)
Submitted:
Decided:
March 4, 2011
SMITH,
United
States
PER CURIAM:
Marlon
Bruff
appeals
from
his
convictions
after
he
would
be
held
responsible
for
and
his
options
We
affirm.
On appeal, Bruff contends that his conviction should
be vacated and the case remanded so that he may withdraw his
guilty plea based on ineffective assistance of counsel clearly
appearing on the record.
to
plea
withdraw
his
guilty
was
based
on
incorrect
and
ten-year
sentence
was
to
accept
the
plea
agreement,
to
receive
(2009) reduction.
U.S.
Sentencing
Guidelines
Manual
5K1.1
sentence).
States
v.
Hoyle,
33
F.3d
415,
418
(4th
Cir.
Id.;
1994).
if
the
record
conclusively
establishes
ineffective
assistance.
(2003); United States v. Richardson, 195 F.3d 192, 198 (4th Cir.
1999).
To
must
show
demonstrate
that
his
ineffective
counsels
assistance,
representation
defendant
fell
below
an
of
the
proceeding
would
have
been
different.
defendant
shows
that
there
is
reasonable
probability
that, but for counsels errors, he would not have pleaded guilty
3
[A]
guilty
plea
Hill v. Lockhart,
is
constitutionally
alternative
choices
of
action
open
to
the
defendant.
United States v. Moussaoui, 591 F.3d 263, 278 (4th Cir. 2010)
(quoting North Carolina v. Alford, 400 U.S. 25, 31 (1970)).
With regard to the ineffective assistance of counsel
claim, the record does not conclusively show that counsel was
ineffective for advising Bruff not to withdraw his guilty plea.
Appellate
counsel
states
that,
had
it
not
been
for
trial
dispense
with
oral
argument
because
the
facts
and
legal
AFFIRMED