Professional Documents
Culture Documents
No. 12-4395
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Catherine C. Blake, District Judge.
(1:11-cr-00114-CCB-1)
Submitted:
DAVIS,
Circuit
Judges,
and
HAMILTON,
Senior
PER CURIAM:
Shawn Johnson pled guilty to one count of conspiracy
to distribute and possess with intent to distribute one kilogram
or more of heroin and 1,000 kilograms or more of marijuana, in
violation of 21 U.S.C. 841(a)(1), 846 (2006).
In his plea
with
the
Government,
months imprisonment.
Johnson
was
sentenced
to
160
Johnson appealed.
guilty
plea
was
valid
under
Rule
11
and
whether
Government
has
moved
to
dismiss
Johnsons
appeal
to
the
extent that the issues he raises fall within the scope of his
plea agreements waiver of appellate rights.
United
A valid
Id.
The
and
appeal.
intelligently
agreed
to
waive
the
right
to
Id. at 169.
Here, the district court fully complied with Rule 11
rights
he
was
relinquishing
by
pleading
guilty
and
the
the
contrary,
we
find
that
Johnsons
Given no indication
appellate
waiver
is
11(c)(1)(C)
plea
agreement
is
limited
to
circumstances
as
result
sentencing guidelines.
797
(10th
Cir.
1998)
of
an
incorrect
application
of
the
quotation
marks
and
citation
colorable
constitutional
challenge
to
the
Accordingly,
and
voluntary
nature
of
his
guilty
plea.
Because
United States v.
As noted above,
guilty
plea,
and,
therefore,
we
find
no
reason
to
accordance
with
Anders,
we
have
reviewed
the
Court
of
the
United
States
for
further
review.
If
Counsels
with
oral
argument
because
4
the
facts
and
We
legal
AFFIRMED IN PART;
DISMISSED IN PART