Escolar Documentos
Profissional Documentos
Cultura Documentos
No. 08-5088
Appeal from the United States District Court for the District of
Maryland, at Greenbelt.
Peter J. Messitte, Senior District
Judge. (8:06-cr-00235-PJM-1)
Submitted:
Decided:
November 5, 2010
PER CURIAM:
Aiah Momoi Gbondo pled guilty, pursuant to a written
plea agreement, to one count of aiding and abetting bank fraud,
in violation of 18 U.S.C. 2, 1344 (2006), and one count of
aiding and abetting aggravated identity theft, in violation of
18
U.S.C.
2,
calculated
1028A(a)(1)
Gbondos
total
(2006).
offense
The
level
district
under
court
the
U.S.
history
imprisonment
in
Category
range
of
I,
resulting
thirty
to
in
Guidelines
thirty-seven
months
to
sentence
statutorily-mandated
consecutive
Gbondo
fraud
to
count
thirty-seven
and
months
consecutive
of
two
years
sentence
of
on
two
the
years
that
questioning
there
whether:
enforceable;
the
are
no
viable
Gbondos
evidence
is
grounds
appeal
for
waiver
sufficient
to
is
appeal,
but
valid
and
support
Gbondos
and
questionable
search
warrant;
trial
counsel
rendered
ineffective
unreasonable.
assistance;
and
Gbondos
sentence
is
Gbondo has
district
whether
court
trial
erred
counsel
in
accepting
rendered
his
ineffective
guilty
plea
assistance.
and
We
defendant
may
waive
the
right
to
appeal
if
that
Fed.
R.
enforceable.
Crim.
P.
11,
the
waiver
is
both
valid
and
(4th Cir. 2005); United States v. Wessells, 936 F.2d 165, 167-68
(4th Cir. 1991).
Although
Gbondos
appeal
waiver
insulates
his
sentence
from
appellate
hearing
leads
us
to
conclude
that
the
district
court
guilty
plea
and
that
the
courts
omissions
did
not
reveals that the district court ensured the plea was supported
by an independent factual basis and that Gbondo entered the plea
knowingly
and
consequences.
voluntarily
with
an
understanding
of
the
Additionally,
Gbondos
knowing
and
voluntary
guilty
see
and
Henderson,
McCarthy
waives
411
v.
United
States,
non-jurisdictional
U.S.
258,
267
394
errors,
(1973).
U.S.
459,
466
Tollett
see
Furthermore,
v.
Gbondos
the offenses.
(4th Cir. 1993).
Finally,
as
to
counsels
and
Gbondos
claims
that
appropriately
28 U.S.C.A.
raised
2255
in
(West
motion
Supp.
filed
2010),
pursuant
unless
counsels
See United
of
counsel
the
record,
rendered
we
find
ineffective
no
conclusive
assistance,
After
evidence
and
to
we
that
accordingly
of
accordance
the
with
record
in
Anders,
this
we
case
have
and
reviewed
have
found
the
no
This court
the
Supreme
review.
If
Gbondo
Court
of
requests
the
that
5
United
a
States
petition
be
for
further
filed,
but
may
move
representation.
in
this
court
for
leave
to
withdraw
from
contentions
the
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
DISMISSED IN PART;
AFFIRMED IN PART