Professional Documents
Culture Documents
No. 09-4633
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever III,
District Judge. (7:08-cr-00043-D-1)
Submitted:
June 8, 2010
Decided:
PER CURIAM:
Kunta Kenta Redd pled guilty, pursuant to a written
plea agreement, to one count of conspiracy to distribute and to
possess with the intent to distribute cocaine and 50 grams or
more of cocaine base, in violation of 21 U.S.C. 846 (2006).
The district court calculated Redds advisory imprisonment range
under the U.S. Sentencing Guidelines Manual (2007) at 262 to 327
months
and
sentenced
Redd
to
324
months
imprisonment.
On
defendant
may
waive
the
right
to
appeal
if
that
Fed.
enforceable.
*
R.
Crim.
P.
11,
the
waiver
is
both
valid
and
(4th Cir. 2005); United States v. Wessells, 936 F.2d 165, 167-68
(4th Cir. 1991).
appeal
review,
the
waiver
waiver
insulates
does
not
his
sentence
preclude
our
from
review
Although
appellate
of
Redds
plea,
moved
and,
in
by
the
so
district
moving,
court
preserved
to
the
withdraw
issue
of
his
the
Our review of
guilty
ensure
that
plea.
Redd
Although
understood
the
its
district
obligation
court
in
failed
determining
to
a
as
that
required
this
by
error
Fed.
did
R.
not
Crim.
affect
P.
11(b)(1)(M),
Redds
we
substantial
See Fed. R.
of
the
consequences.
See
United
States
v.
appropriately
raise[s]
binding.
conducted
strong
United
Rule
presumption
States
v.
that
11
proceeding,
the
Lambey,
plea
974
is
F.2d
however,
final
1389,
and
1394
Redd
entered
his
guilty
plea,
was
untimely.
It
is
We
therefore
affirm
Redds
conviction.
This
court
the
Supreme
Court
of
the
United
States
for
further
review.
move
in
representation.
this
and
materials
legal
before
for
leave
to
withdraw
from
court
contentions
the
court
are
adequately
and
argument
presented
would
not
in
the
aid
the
decisional process.
DISMISSED IN PART;
AFFIRMED IN PART