United States v. Brown, 4th Cir. (2005)
United States v. Brown, 4th Cir. (2005)
No. 04-4955
Appeal from the United States District Court for the District of
Maryland, at Greenbelt.
Deborah K. Chasanow, District Judge.
(CR-03-0538)
Submitted:
Decided:
PER CURIAM:
Carlton Brown appeals from his conviction and 262-month
sentence entered pursuant to his guilty plea to conspiracy to
distribute crack cocaine.
He also
United States v.
that a fair and just reason supports his request to withdraw his
plea.
Id.
United
hold
that
the
district
court
did
not
abuse
its
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While
Brown relies on the fact that Blakely had not issued at the time of
his plea, a post-plea change in the law regarding applicable
sentences does not provide a valid basis for withdrawing from an
otherwise valid plea.
152-53 (4th Cir.), cert. denied, 2005 WL 2494147 (U.S. Oct. 11,
2005) (No. 05-6215).
right to appeal.
Cir. 1990).
United States v.
An appeal waiver is
Brown
he
regarding
the
appeal
waiver,
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and
stated
that
he
understood.
Moreover, the
We
dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED IN PART;
DISMISSED IN PART
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