Filed: Aug. 07, 2012
Latest Update: Mar. 26, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-4720 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. IGNACIO GONZALEZ PARTIDA, a/k/a Juan Hernandez Gonzalez, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, Jr., District Judge. (1:10-cr-00339-WO-1) Submitted: May 31, 2012 Decided: August 7, 2012 Before GREGORY, SHEDD, and WYNN, Circuit Judges. Dismissed by unpublished per c
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-4720 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. IGNACIO GONZALEZ PARTIDA, a/k/a Juan Hernandez Gonzalez, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, Jr., District Judge. (1:10-cr-00339-WO-1) Submitted: May 31, 2012 Decided: August 7, 2012 Before GREGORY, SHEDD, and WYNN, Circuit Judges. Dismissed by unpublished per cu..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-4720
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
IGNACIO GONZALEZ PARTIDA, a/k/a Juan Hernandez Gonzalez,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. William L. Osteen,
Jr., District Judge. (1:10-cr-00339-WO-1)
Submitted: May 31, 2012 Decided: August 7, 2012
Before GREGORY, SHEDD, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Louis C. Allen, Federal Public Defender, John A. Dusenbury, Jr.,
Assistant Federal Public Defender, Greensboro, North Carolina,
for Appellant. Ripley Rand, United States Attorney, Anand P.
Ramaswamy, Assistant United States Attorney, Greensboro, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.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
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before the court and argument would not aid the decisional
process.
DISMISSED
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