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No. 10-4627
No. 10-4790
Appeals from the United States District Court for the District
of South Carolina, at Spartanburg.
Henry F. Floyd, District
Judge. (7:09-cr-00427-HFF-2; 7:09-cr-00570-HFF-1)
Submitted:
Decided:
PER CURIAM:
Tyrone Brown pled guilty without a plea agreement, in
two separate proceedings, to use of a firearm in connection with
a crime of violence, 18 U.S.C. 924(c) (2006); carjacking, 18
U.S.C.
distribute
2119(1)
more
(2006);
than
five
and
grams
possession
of
crack
with
intent
cocaine,
21
to
U.S.C.
Brown to 120 months of imprisonment, plus a consecutive eightyfour-month sentence for the 924(c) offense, for a total term
of 204 months.
In
imposed
for
his
924(c)
offense
the
Fair
Sentencing
Act
of
should
run
2010
should
be
applied
minimum
sentence
applicability
and
of
the
the
maximum
Sentencing
possible
sentence;
Guidelines;
the
the
courts
his
right
to
testify,
attendance of witnesses.
present
evidence,
and
compel
the
guilty plea waives any further trial and that his answers at the
proceeding may be used against him in a prosecution for perjury.
Under Rule 11(b)(2), the court must address the defendant to
determine that the plea is voluntary.
a factual basis for the plea under Rule 11(b)(3) and require
disclosure
of
any
plea
agreement
under
Rule
11(c)(2).
The
to
his
States,
924(c)
131
S.
offense
Ct.
18,
is
foreclosed
23
(2010)
by
Abbott
(holding
that
v.
a
held
that
the
FSA
is
not
retroactively
We have
applicable.
This court
the
Supreme
Court
of
the
United
States
for
further
review.
move
in
representation.
this
and
materials
legal
before
for
leave
to
withdraw
from
court
contentions
the
court
are
adequately
and
argument
presented
would
not
in
the
aid
the
decisional process.
AFFIRMED