Documentos de Académico
Documentos de Profesional
Documentos de Cultura
No. 12-4765
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Malcolm J. Howard,
Senior District Judge. (2:11-cr-00040-H-2)
Submitted:
Decided:
James M. Ayers II, AYERS & HAIDT, P.A., New Bern, North
Carolina, for Appellant.
Jennifer P. May-Parker, Assistant
United States Attorney, Raleigh, North Carolina, for Appellee.
PER CURIAM:
Homero Armendariz-Tamez appeals the 156-month sentence
imposed
pursuant
by
the
to
district
written
court
plea
following
his
agreement,
to
guilty
plea,
conspiracy
to
kilograms
(2006),
of
cocaine,
possession
of
in
violation
firearm
by
of
an
21
U.S.C.
illegal
alien,
846
in
On appeal,
grounds
for
appeal
but
questioning
whether
the
for
Armendariz-Tamezs
role
in
the
offense.
Government
Armendariz-Tamezs
provision
in
the
appeal
plea
has
filed
based
agreement.
on
motion
the
to
dismiss
appellate
waiver
Armendariz-Tamezs
counsel
In his pro se
deny
in
part
the
Governments
motion
and
affirm
Armendariz-
Tamezs convictions.
We review de novo a defendants waiver of appellate
rights.
2005).
423
2005)
F.3d
427,
430
(4th
Cir.
(internal
quotation
marks
omitted); see United States v. General, 278 F.3d 389, 400 (4th
Cir. 2002) (providing standard).
Id.
168.
Contrary
to
counsels
response
in
opposition,
the
See United
States v. Poindexter, 492 F.3d 263, 271 (4th Cir. 2007) (stating
that government is free to raise appellate waiver in response to
Anders brief).
to
conclude
that,
under
the
totality
of
the
circumstances,
provision,
because
the
156-month
downward
departure
established
at
the
sentencing
hearing.
Therefore,
we
of
Armendariz-Tamezs
Armendariz-Tamez
does
not
convictions
assert
any
pursuant
error
in
to
the
Anders.
district
See United
States v. Martinez, 277 F.3d 517, 525 (4th Cir. 2002) (providing
standard); see also United States v. Olano, 507 U.S. 725, 732
(1993) (detailing plain error standard).
In accordance with Anders, we have reviewed the entire
record and have found no unwaived and potentially meritorious
issues
for
review.
convictions.
We
therefore
This
court
Armendariz-Tamez,
in
writing,
Supreme
the
Court
of
United
affirm
requires
of
his
States
that
right
for
Armendariz-Tamezs
counsel
to
further
inform
petition
review.
the
If
and
materials
legal
before
are
adequately
this
and
argument
court
presented
would
not
in
the
aid
the
decisional process.
AFFIRMED IN PART;
DISMISSED IN PART