Documentos de Académico
Documentos de Profesional
Documentos de Cultura
No. 10-4380
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
William L. Osteen,
Jr., District Judge. (1:09-cr-00136-WO-1)
Submitted:
February 3, 2011
Decided:
March 3, 2011
PER CURIAM:
Leon
Bessant,
Jr.,
appeals
from
his
conviction
and
of
cocaine
base,
in
violation
of
21
U.S.C.A.
On appeal,
meritorious
issues
for
appeal,
but
questions
whether
the
first
We affirm.
questions
whether
the
district
court
that
he
faced
mandatory
in
the
district
court
to
minimum
sentence
of
five
withdraw
his
guilty
plea,
we
United
imprisonment
of
district
court
voluntary
and
not
less
ensured
than
that
supported
by
five
years.
the
guilty
factual
Moreover,
plea
was
knowing
basis.
See
the
and
United
States v. DeFusco, 949 F.2d 114, 116, 119-20 (4th Cir. 1991).
We therefore affirm his conviction.
Bessant
erred in imposing
reasonableness,
also
questions
sentence.
applying
whether
the
district
court
an
abuse
of
discretion
standard.
Gall v. United States, 552 U.S. 38, 51 (2007); see also United
States v. Llamas, 599 F.3d 381, 387 (4th Cir. 2010).
This
questions
whether
the
district
Bessant
Id.
court
erred
in
that
occurred
after
the
conduct,
but
before
Although Bessants
record
sentencing,
procedurally
pursuant
the
we
the
In
statutory
substantively reasonable.
210,
224
conclude
reasonable.
to
(4th
Cir.
reveals
no
procedural
that
addition,
mandatory
the
error
sentence
Bessants
minimum
in
is
sentence
is
per
se
2008).
Accordingly,
we
affirm
Bessants
sentence as reasonable.
We have examined the entire record in accordance with
the requirements of Anders and have found no meritorious issues
for appeal.
court.
This
writing,
of
court
the
requires
right
to
that
petition
counsel
the
inform
Supreme
Bessant,
Court
of
in
the
to
withdraw
from
representation.
Counsels
motion
must
We dispense
with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
the
court
and