Unpublished
Unpublished
No. 04-4481
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Richard L. Williams, Senior
District Judge. (CR-03-21)
Submitted:
Decided:
August 9, 2005
PER CURIAM:
Following his guilty plea to possession of cocaine base
(crack)
and
possession
of
firearm
by
person
previously
For the
indictment
and
arraignment
violated
his
Fifth
and
Sixth
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In a criminal
In a letter dated
June 13, 2004, Brown stated his intent and desire to continue with
his appeal.
4(b)(1); Browder v. Dir., Dept of Corr., 434 U.S. 257, 264 (1978)
(appeal period mandatory and jurisdictional).
Goldboro, 178 F.3d 231, 241 n.6 (4th Cir. 1999); Canady v. Crestar
Mortgage Corp., 109 F.3d 969, 973-74 (4th Cir. 1997).
The
only
remaining
issue
before
the
court
is
the
with Anders v. California, 386 U.S. 738, 744 (1967), asking this
court to review this portion of the appeal for any meritorious
issue.
Fed. R. Crim. P. 11(e) provides that after a defendant
has been sentenced, the district court has no authority to grant a
motion to withdraw a guilty plea.
States v. Wilson, 81 F.3d 1300, 1305 (4th Cir. 1996) (decided under
former Rule 32(e)). After sentencing, the validity of the plea may
be challenged only on direct appeal or in a collateral attack such
as a motion pursuant to 28 U.S.C. 2255 (2000).
Because the
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respect
to
the
district
courts
denial
of
Browns
motion
to
Browns
motions
to
withdraw
his
guilty
plea
and
to
appeal from his Judgment and Commitment order. We further deny the
motions to relieve counsel and to substitute counsel and deny
Browns pro se motions to obtain the case file and records from his
trial attorney.
AFFIRMED IN PART;
DISMISSED IN PART
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