Professional Documents
Culture Documents
No. 04-4178
Appeal from the United States District Court for the District of
South Carolina, at Greenville. G. Ross Anderson, Jr., District
Judge. (CR-03-529)
Submitted:
October 1, 2004
Decided:
November 2, 2004
PER CURIAM:
Sandy Alexander Mickens seeks to appeal his conviction
and
120-month
sentence
imposed
following
his
guilty
plea
to
386
U.S.
738
(1967),
stating
that
there
were
no
v. Martinez, 277 F.3d 517, 525 (4th Cir.) (holding that plain
error analysis is the proper standard for review of forfeited error
in the Rule 11 context), cert. denied, 537 U.S. 899 (2002).
Before a reviewing court may correct a trial error to which there
was no contemporaneous objection, three factors must be shown: (1)
there was error, (2) the error was plain, and (3) the error
affected substantial rights.
725,
732
(1993).
If
these
factors
are
satisfied,
an
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have
reviewed
the
record
and
conclude
that
the
district court fully complied with Rule 11, with one exception. It
appears the court failed to apprise Mickens of the Governments
right to use his statements made under oath in a prosecution for
perjury or false statement.
Olano at 736.
Accordingly, we
If the
Counsels motion
- 3 -