Professional Documents
Culture Documents
No. 14-4256
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
William L. Osteen,
Jr., Chief District Judge. (1:13-cr-00128-WO-1)
Submitted:
Decided:
PER CURIAM:
Charles Henry Bell pled guilty, pursuant to a written
plea agreement, to being a felon in possession of a firearm, 18
U.S.C.
922(g)
imprisonment.
(2012),
and
was
sentenced
to
51
months
of
defendants
motion
to
withdraw
his
guilty
plea.
United States v. Nicholson, 676 F.3d 376, 383 (4th Cir. 2012).
Before sentencing, a defendant may withdraw his guilty plea only
by
demonstrating
United
States
v.
fair
Bowman,
and
348
just
F.3d
reason
408,
413
for
(4th
withdrawal.
Cir.
2003)
United
States v. Lambey, 974 F.2d 1389, 1394 (4th Cir. 1992) (en banc).
The
defendant
bears
the
heavy
F.3d
345,
348
(4th
burden
of
demonstrating
the
Cir.
2009)
(internal
quotation
marks
omitted).
A
strong
properly
presumption
conducted
that
the
Rule
plea
is
11
colloquy
final
and
raise[s]
binding,
and
quotation
declarations
marks
during
presumption of verity.
omitted).
the
Moreover,
plea
colloquy
defendants
carry
strong
(1977).
We have articulated a nonexclusive list of six factors
to be considered in determining whether to permit withdrawal of
a guilty plea.
Cir. 1991).
(2)
whether
the
defendant
credibly
asserted
his
withdrawal
would
judicial resources.
inconvenience
the
court
and
waste
decline
of
to
counsel.
appears
on
reach
Bells
Unless
the
an
face
3
claims
attorneys
of
the
of
ineffective
ineffectiveness
record,
ineffective
such
pursuant
to
sufficient
claims
28
should
U.S.C.
development
be
raised
2255
(2012),
of
the
record.
in
in
motion
order
United
brought
to
permit
States
v.
Because there
dispense
contentions
with
are
oral
argument
adequately
because
presented
in
the
facts
and
the
materials
legal
before
this court and argument would not aid the decisional process.
AFFIRMED