Professional Documents
Culture Documents
No. 05-4152
Appeal from the United States District Court for the District of
South Carolina, at Orangeburg.
Margaret B. Seymour, District
Judge. (CR-03-965)
Submitted:
Decided:
PER CURIAM:
Richard Hallman, II, pled guilty to distribution of fifty
grams
or
more
of
cocaine
base,
in
violation
of
21
U.S.C.
refusing to permit him to withdraw his guilty plea after the court
rejected the sentencing range stipulated to by the parties in the
plea agreement.
We affirm.
In exchange, if Hallman
to
sentencing,
the
Government
informed
the
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United
Because of
Id. at 303.
United States v.
Factual questions
United States v.
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the court accepts the plea agreement. Rule 11(c)(3) provides that,
the court may accept the agreement, reject it, or defer a decision
until the court has reviewed the presentence report.
The rules
under Rule 11(c)(5), the defendant may withdraw his guilty plea.
Fed. R. Crim. P. 11(d)(2)(A).
Hallman does not dispute that he materially breached the
plea agreement by failing to take a polygraph test.
The gravamen
However, even
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element
conditional.
in
this
case
is
that
the
stipulation
was
stipulate and agree that in the event the defendant complies with
all provisions of this agreement, the appropriate disposition of
this case is a sentence between 108 months and 135 months.
Hallman indisputably failed to comply with all of the provisions of
the agreement.
Furthermore,
United States v.
Davis, 954 F.2d 182, 186 (4th Cir. 1992)(same). Hallman signed the
agreement and acknowledged at the plea hearing that he discussed
its provisions with his lawyer.
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before
the
court
and
argument
would
not
aid
the
decisional process.
AFFIRMED
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