United States v. Vincent Boulware, 4th Cir. (2011)
United States v. Vincent Boulware, 4th Cir. (2011)
No. 10-4794
No. 10-4795
No. 10-4796
Appeals from the United States District Court for the Western
District of North Carolina, at Asheville. Martin K. Reidinger,
District Judge.
(1:08-cr-00082-MR-1; 1:09-cr-00055-MR-2; 1:09cr-00058-MR-3)
Submitted:
June 3, 2011
Decided:
PER CURIAM:
Vincent Lamar Boulware pleaded guilty, pursuant to a
written
plea
agreement,
to
18
violation
of
U.S.C.
sentenced
Boulware
to
three
2113
188
counts
of
(2006).
months
bank
The
robbery,
district
imprisonment.
in
court
Boulware
appeals his sentence and argues on appeal that his sentence was
procedurally and substantively unreasonable and that his trial
counsel provided ineffective assistance.
affirm in part.
A
defendant
may
waive
the
right
to
appeal
if
that
Fed.
R.
enforceable.
Crim.
P.
11,
the
waiver
is
both
valid
and
and
voluntarily
waived
3
the
right
to
appeal
his
Accordingly, the
waiver is valid.
Because
substantive
Boulwares
reasonableness
challenges
of
his
to
the
sentence
procedural
fall
within
and
the
this
preserved
portion
the
right
of
to
the
appeal.
appeal
on
Boulware,
however,
the
basis
of
ineffective
Boulwares
claim
of
ineffective
assistance of counsel.
Turning,
then,
to
(West
conclusively
Supp.
appears
2010),
on
the
unless
counsels
record.
See
ineffectiveness
United
States
v.
Because we find
counsel
rendered
ineffective
assistance,
we
decline
to
We dispense with
oral
contentions
argument
because
the
facts
and
legal
are
adequately
presented
in
the
materials
before
the
court
and