Elawyers Elawyers
Ohio| Change

U.S. v. PARTIDA, 11-4720. (2012)

Court: Court of Appeals for the Fourth Circuit Number: infco20120807094 Visitors: 5
Filed: Aug. 07, 2012
Latest Update: Aug. 07, 2012
Summary: Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ignacio Gonzalez Partida seeks to appeal his conviction and sentence. The Government has asserted that this appeal is barred by Partida's waiver of the right to appeal included in the plea agreement. Upon review of the plea agreement and the transcript of the Fed. R. Crim. P. 11 hearing, we conclude that Partida knowingly and voluntarily waived his right to appeal and that the issues Partida seeks to raise on appeal a
More

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Ignacio Gonzalez Partida seeks to appeal his conviction and sentence. The Government has asserted that this appeal is barred by Partida's waiver of the right to appeal included in the plea agreement. Upon review of the plea agreement and the transcript of the Fed. R. Crim. P. 11 hearing, we conclude that Partida knowingly and voluntarily waived his right to appeal and that the issues Partida seeks to raise on appeal and any potential error that could be revealed by this Court's review pursuant to Anders v. California, 386 U.S. 738 (1967), fall squarely within the scope of his waiver of appellate rights. Accordingly, we dismiss this appeal.

This court requires that counsel inform Partida, in writing, of the right to petition the Supreme Court of the United States for further review. If Partida requests that a petition be filed, but counsel believes that such a petition would be frivolous, then counsel may move in this court for leave to withdraw from representation. Counsel's motion must state that a copy thereof was served on Partida.

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.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer