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  • United States v. Ochoa-Puga, 4th Cir. (2004)

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    1) Jose Amador Ochoa-Puga pled guilty to conspiracy to distribute and possess methamphetamine and was sentenced to 180 months in prison. 2) Ochoa-Puga appealed his conviction, arguing that he did not understand the consequences of his guilty plea and that it was therefore not knowing and voluntary. 3) However, the Government argued that Ochoa-Puga had validly waived his right to appeal in his plea agreement. The court agreed, finding that Ochoa-Puga knowingly and voluntarily pled guilty and waived his appellate rights based on the written plea agreement and colloquy at the plea hearing. The court therefore dismissed the appeal.

    Original Description:

    Filed: 2004-10-27 Precedential Status: Non-Precedential Docket: 04-4156

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    1) Jose Amador Ochoa-Puga pled guilty to conspiracy to distribute and possess methamphetamine and was sentenced to 180 months in prison. 2) Ochoa-Puga appealed his conviction, arguing that he did not understand the consequences of his guilty plea and that it was therefore not knowing and voluntary. 3) However, the Government argued that Ochoa-Puga had validly waived his right to appeal in his plea agreement. The court agreed, finding that Ochoa-Puga knowingly and voluntarily pled guilty and waived his appellate rights based on the written plea agreement and colloquy at the plea hearing. The court therefore dismissed the appeal.

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    3 views3 pages

    United States v. Ochoa-Puga, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    1) Jose Amador Ochoa-Puga pled guilty to conspiracy to distribute and possess methamphetamine and was sentenced to 180 months in prison. 2) Ochoa-Puga appealed his conviction, arguing that he did not understand the consequences of his guilty plea and that it was therefore not knowing and voluntary. 3) However, the Government argued that Ochoa-Puga had validly waived his right to appeal in his plea agreement. The court agreed, finding that Ochoa-Puga knowingly and voluntarily pled guilty and waived his appellate rights based on the written plea agreement and colloquy at the plea hearing. The court therefore dismissed the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-4156

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    JOSE AMADOR OCHOA-PUGA,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Asheville.
    Lacy H. Thornburg,
    District Judge. (CR-00-5)

    Submitted:

    September 17, 2004

    Decided:

    October 27, 2004

    Before WILLIAMS, TRAXLER, and KING, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Eric J. Foster, LAW OFFICE OF RICK FOSTER, Asheville, North


    Carolina, for Appellant. Gretchen C. F. Shappert, United States
    Attorney, Richard L. Edwards, Assistant United States Attorney,
    Asheville, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Jose Amador Ochoa-Puga pled guilty to conspiracy to
    distribute and possess with intent to distribute methamphetamine,
    in violation of 21 U.S.C. 846 (2000), and the district court
    sentenced him to a 180-month term of imprisonment.

    Ochoa-Puga

    appeals his conviction on the ground that he did not understand the
    consequences of his guilty plea and thus his plea was unknowing and
    involuntary.

    The Government contends that Ochoa-Puga validly

    waived the right to appeal his conviction in the plea agreement.


    We agree with the Government and dismiss the appeal.
    A defendant may waive the right to appeal if that waiver
    is knowing and intelligent.

    United States v. Brown, 232 F.3d 399,

    402-03 (4th Cir. 2000); United States v. Broughton-Jones, 71 F.3d


    1143, 1146 (4th Cir. 1995). Generally, if the district court fully
    questions a defendant regarding the waiver of his right to appeal
    during the Fed. R. Crim. P. 11 colloquy, the waiver is both valid
    and enforceable.

    United States v. Wessells, 936 F.2d 165, 167-68

    (4th Cir. 1991); United States v. Wiggins, 905 F.2d 51, 53-54 (4th
    Cir. 1990).

    We review de novo the question of whether a defendant

    validly waived his right to appeal.

    United States v. General, 278

    F.3d 389, 399 (4th Cir. 2002).


    Our review of the plea agreement and the Rule 11 hearing
    leads us to conclude that Ochoa-Puga knowingly and voluntarily pled
    guilty pursuant to the written plea agreement, including the waiver

    - 2 -

    of his right to appeal.

    Accordingly, we dismiss the appeal.

    We

    dispense with oral argument because the facts and legal contentions
    are adequately presented in the materials before the court and
    argument would not aid the decisional process.
    DISMISSED

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