Professional Documents
Culture Documents
No. 11-5134
Appeal from the United States District Court for the District of
South Carolina, at Florence. R. Bryan Harwell, District Judge.
(4:10-cr-01049-RBH-1)
Submitted:
Decided:
January 8, 2013
&
PER CURIAM:
Douglas Anthony Pendergrass pled guilty, pursuant to a
written plea agreement, to bank fraud, in violation of 18 U.S.C.
1344 (2006), and was sentenced to 37 months of imprisonment.
On
appeal,
counsel
files
brief
raising
one
issue:
whether
Counsel
appeal,
but
constitutional
questioning:
rights
were
(1)
violated
whether
when
he
Pendergrass
was
denied
the
revised
presentence
supplemental
counsel
and
briefs,
other
report.
also
claims.
Pendergrass,
in
alleges
ineffective
For
reasons
the
pro
se
assistance
of
that
his
follow,
we
on
direct
appeal,
ineffective
unless
assistance.
3
the
record
United
conclusively
States
v.
Rather, to allow
to show that but for counsels alleged errors, he would not have
pled
guilty.
Pendergrass
Hill
has
v.
Lockhart,
failed
to
474
meet
U.S.
the
52,
53-59
challenging
(1985).
burden
of
Thus, we
his
plea
agreement.
The
agreement
was
reviewed
at
waiving
assistance
his
and
appellate
prosecutorial
rights,
except
misconduct.
for
ineffective
Generally,
if
the
his
right
to
appeal
during
plea
colloquy
performed
in
waived
review
appellate
of
the
remaining
issues.
Thus,
we
dismiss
the
remainder
of
the
issues
raised
in
Pendergrass
appeal.
In accordance with Anders, we have reviewed the record
in this case and have found no meritorious issues for appeal.
We therefore affirm Pendergrass conviction and sentence.
We
writing,
of
the
right
to
petition
the
Supreme
Court
of
the
state
on
that
dispense
copy
with
contentions
are
oral
thereof
was
argument
adequately
served
because
presented
in
the
the
Pendergrass.
facts
We
and
legal
materials
before
this Court and argument would not aid the decisional process.
AFFIRMED IN PART;
DISMISSED IN PART