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United States v. Huffman, 4th Cir. (2005)
United States v. Huffman, 4th Cir. (2005)
No. 03-4747
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville. Richard L. Voorhees,
District Judge. (CR-02-41-V)
Submitted:
Decided:
November 2, 2005
PER CURIAM:
Joshua Alan Huffman appeals his conviction and 117 month
sentence imposed after he pleaded guilty, pursuant to a plea
agreement, to one count of bank robbery by force or violence, in
violation of 18 U.S.C. 2113(a) (2000), and one count of using and
carrying a firearm during and in relation to a crime of violence,
in violation of 18 U.S.C. 924(c)(1)(A) (2000).
We affirm in part
are
no
meritorious
issues
for
appeal,
but
arguing
at
se
supplemental
enhancements
of
his
brief
offense
in
which
level
he
Huffman filed a
asserted
violated
the
that
holding
the
of
to
Government
Booker.
argues
In
that,
supplemental
unlike
the
response
claims
of
brief,
the
prosecutorial
initially
asserts
that
the
Assistant
United
2002). To prevail under this standard, Huffman must show that the
prosecutors remarks or conduct were improper and, second . . .
that such remarks or conduct prejudicially affected his substantial
rights so as to deprive him of a fair trial.
Id.
Our review of
to
evaluation
petition
the
district
court
for
mental
health
An allegation of
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from
the
record,
as
Huffmans
competence
was
not
Government
argues
that
the
substantive
issues
appellate rights de novo, United States v. Brown, 232 F.3d 399, 403
(4th Cir. 2000), and will uphold it if the waiver is valid and the
issue being appealed is covered by the waiver.
Attar, 38 F.3d 727, 731-33 (4th Cir. 1994).
United States v.
A waiver is valid if
Generally,
colloquy, had the AUSA summarize the plea agreement, including the
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The
United States v.
We therefore decline to
- 5 -
sentence and dismiss his claims under Blakely and Booker as barred
by his plea agreement waiver.
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