Filed: Mar. 29, 2016
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-4489 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. KA LEE, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:14-cr-00057-RLV-DCK-1) Submitted: March 22, 2016 Decided: March 29, 2016 Before SHEDD, AGEE, and THACKER, Circuit Judges. Affirmed by unpublished per curiam opinion. Sharon Leigh Smith, UNTI & SM
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-4489 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. KA LEE, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:14-cr-00057-RLV-DCK-1) Submitted: March 22, 2016 Decided: March 29, 2016 Before SHEDD, AGEE, and THACKER, Circuit Judges. Affirmed by unpublished per curiam opinion. Sharon Leigh Smith, UNTI & SMI..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-4489
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KA LEE,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville. Richard L.
Voorhees, District Judge. (5:14-cr-00057-RLV-DCK-1)
Submitted: March 22, 2016 Decided: March 29, 2016
Before SHEDD, AGEE, and THACKER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Sharon Leigh Smith, UNTI & SMITH, Raleigh, North Carolina, for
Appellant. Amy Elizabeth Ray, Assistant United States Attorney,
Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ka Lee pled guilty, pursuant to a written plea agreement,
to conspiracy to distribute or possess with intent to distribute
500 grams or more of methamphetamine (Count One) and money
laundering (Count Three), in violation of 18 U.S.C. § 1956, 21
U.S.C. §§ 841(a), 846 (2012). The court sentenced Lee to 180
months’ imprisonment on each count, to run concurrently. Lee
appeals.
Counsel has filed a brief in accordance with Anders v.
California,
386 U.S. 738 (1967), conceding that there are no
meritorious issues for appeal but questioning whether Lee was
denied effective assistance of counsel and whether the record
shows prosecutorial misconduct. * Although advised of his right
to file a supplemental pro se brief, Lee has not done so. We
affirm.
Counsel first questions whether Lee was denied effective
assistance of counsel. Unless an attorney’s ineffectiveness
conclusively appears on the face of the record, ineffective
assistance claims are not generally addressed on direct appeal.
*Counsel’s brief also questions the validity of the waiver
in Lee’s plea agreement. Because the Government does not
address the enforceability of this waiver and has not moved to
dismiss the relevant portion of the appeal, we decline to
enforce the waiver sua sponte. See United States v. Blick,
408
F.3d 162, 168 (4th Cir. 2005).
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United States v. Benton,
523 F.3d 424, 435 (4th Cir. 2008).
Instead, such claims should be raised in a motion brought
pursuant to 28 U.S.C. § 2255 (2012), in order to permit
sufficient development of the record. United States v.
Baptiste,
596 F.3d 214, 216 n.1 (4th Cir. 2010). Because the
record does not conclusively establish ineffective assistance of
counsel, we conclude that these claims should be raised, if at
all, in a § 2255 motion. We also find no support in the record
for a claim of prosecutorial misconduct.
In accordance with Anders, we have reviewed the entire
record in this case and have found no meritorious issues for
appeal. We therefore affirm Lee’s conviction and sentence.
This court requires that counsel inform Lee, in writing, of the
right to petition the Supreme Court of the United States for
further review. If Lee 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 Lee. We dispense with oral argument because the
facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the
decisional process.
AFFIRMED
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