Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
No. 09-4726
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge. (3:07-cr-00097-JPB-DJJ-2)
Submitted:
Decided:
June 8, 2010
PER CURIAM:
Elijah Ben Paschelke pled guilty, pursuant to a plea
agreement, to one count of aiding and abetting the manufacture
of marijuana, in violation of 18 U.S.C. 2 (2006) and 21 U.S.C.
841(a)(1),
(b)(1)(C)
(2006).
The
district
court
sentenced
On appeal, Paschelkes
issues
court
for
plainly
appeal,
erred
but
in
questioning
accepting
whether
Paschelkes
the
guilty
affirm in part.
A
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).
1
sentence.
Although
Paschelkes
appeal
waiver
on
appeal 2
or
prohibit
our
review
of
Paschelkes
to dismiss in part.
Turning, then, to the claim raised in counsels brief,
because Paschelke did not move in the district court to withdraw
his guilty plea, his challenge to the adequacy of the Fed. R.
Crim. P. 11 hearing is reviewed for plain error.
See United
of
the
transcript
of
the
plea
hearing
leads
Our
us
to
the
courts
substantial rights.
omissions
did
not
affect
Paschelkes
with
an
States
v.
understanding
DeFusco,
949
of
the
F.2d
114,
consequences.
116,
119-20
accordance
with
Anders,
we
have
reviewed
the
meritorious
issues
for
appeal.
We
therefore
affirm
This
contentions
are
adequately
presented
in
the
materials
before
the
court
and
argument
would
not
aid
the
decisional
process.
DISMISSED IN PART;
AFFIRMED IN PART