Professional Documents
Culture Documents
No. 12-4888
Appeal from the United States District Court for the District of
South Carolina, at Florence. R. Bryan Harwell, District Judge.
(4:11-cr-02342-RBH-1)
Submitted:
Decided:
PER CURIAM:
Brian McNair pled guilty, pursuant to a written plea
agreement, to one count of possession with intent to distribute
cocaine base in violation of 21 U.S.C. 841(a)(1), (b)(1)(C)
(2006).
On
appeal,
counsel
has
filed
brief
pursuant
to
Clause
prosecution.
of
the
Fifth
Amendment
bars
his
federal
part.
Prior
to
accepting
guilty
plea,
trial
court,
The
district
court
also
must
Fed. R. Crim. P.
ensure
that
the
Crim.
P.
11(b)(2),
(3).
Upon
review
of
the
Fed.
record,
we
conclude
that
the
district
court
complied
with
Rule
11s
requirements.
McNair
contends
that
his
federal
prosecution
is
The
protects
Double
defendant
Jeopardy
Clause
against
the
of
the
Fifth
imposition
of
Amendment
cumulative
subjected
offense.
to
successive
prosecutions
for
the
dual
same
or
prosecution
separate
after
sovereigns
state
doctrine
prosecution
for
permits
the
However,
a
same
federal
offense.
Heath v. Alabama, 474 U.S. 82, 89 (1985); see also United States
v. Christmas, 222 F.3d 141, 145 (4th Cir. 2000) (citing Abbate
v.
United
States,
359
U.S.
187
(1959)).
We
conclude
that
of
the
Guidelines,
3
or
(3)
is
greater
than
the
United States v.
lacks
jurisdiction
over
the
Otherwise, the
appeal.
Id.
Here,
the
Brown, 653 F.3d 337, 339-40 (4th Cir. 2011); United States v.
Cieslowski, 410 F.3d 353, 364 (7th Cir. 2005).
We therefore
This court
the
Supreme
review.
If
McNair
Court
of
requests
the
that
United
a
States
petition
be
for
further
filed,
but
may
move
representation.
in
this
court
for
leave
to
withdraw
from
Accordingly,
we
dispense
with
oral
argument
because
before
this
court
and
argument
will
not
aid
the
decisional process.
AFFIRMED IN PART;
DISMISSED IN PART