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No. 14-4445
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Dever III,
Chief District Judge. (7:12-cr-00064-D-1)
Submitted:
Decided:
Mary Jude Darrow, LAW OFFICE OF MARY JUDE DARROW, Raleigh, North
Carolina, for Appellant.
Thomas G. Walker, United States
Attorney, Jennifer P. May-Parker, Shailika S. Kotiya, Assistant
United States Attorneys, Raleigh, North Carolina, for Appellee.
PER CURIAM:
Devone Sharnell Best pled guilty, pursuant to a written
plea agreement, to one count of distributing crack cocaine, 21
U.S.C.
841(a)(1)
imprisonment.
He
(2012),
and
appeals,
was
sentenced
claiming
that
to
the
180
months
district
court
erred in denying his motion to withdraw his guilty plea and that
he was denied effective assistance of counsel.
prosecutorial
misconduct
in
the
negotiation
of
his
plea.
the
court
accepts
guilty
plea,
but
before
fair
and
just
reason
right
to
for
requesting
the
withdrawal.
withdraw
guilty
plea,
however.
United
States v. Bowman, 348 F.3d 408, 413 (4th Cir. 2003); United
States v. Moore, 931 F.2d 245, 248 (4th Cir. 1991).
We review a
burden
of
show[ing]
fair
and
just
reason
Id.
for
A fair
have
developed
Id.
a
nonexclusive
2
list
of
factors
for
the
plea
withdrawn.
appropriately
conducted
Bowman,
Rule
11
348
F.3d
at
proceeding
414.
is
to
If
an
serve
these
standards
in
mind,
and
having
reviewed
the
appears
on
the
face
of
the
record,
ineffective
such
pursuant
to
sufficient
claims
28
should
U.S.C.
development
be
raised
in
2255
(2012),
of
the
record.
in
motion
order
United
to
brought
permit
States
v.
Because the
Best
by
asserts
engaging
in
that
the
bad
Government
faith
plea
engaged
in
negotiations.
that
Bests
the
government
counsel,
would apply.
knowing
stipulated
that
the
to
career
drug
quantity
offender
with
enhancement
United States v.
Best has not made
Accordingly, we affirm.