No. 12-4437
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington.
W. Earl Britt,
Senior District Judge. (7:11-cr-00117-BR-1)
Submitted:
Decided:
January 2, 2013
PER CURIAM:
Brendon Evan Hole appeals his conviction and 70-month
sentence following his guilty plea pursuant to a plea agreement
to two counts of possession of a firearm by a person previously
convicted of a felony offense.
court erred by denying his motion for a continuance and that his
sentence is unreasonable.
in
his
plea
agreement
and
that
the
remainder
of
the
waiver
is
knowing
and
intelligent.
United
States
v.
Generally, if
agreement,
we
will
enforce
the
waiver
if
the
record
agreed to waive the right to appeal; and (2) the issue being
appealed is within the scope of the waiver.
his
70-month
sentence.
Accordingly,
we
dismiss
the
United
In
to allow counsel and Hole to confer after the court advised the
defendants of their rights, but before the court specifically
addressed Hole.
would be sufficient.
did not renew the motion and neither counsel nor Hole expressed
any concern that they had insufficient time to discuss the plea
agreement.
Although he
Nor has Hole asserted that, had he been given more time
review
the
plea
agreement,
he
(requiring
defendant
to
would
have
rejected
the
show
prejudice
resulted
from
We
conclude
that
Hole
has
failed
to
show
that
the
with
contentions
are
oral
argument
adequately
because
presented
in
the
the
facts
We
and
legal
materials
before
this court and argument would not aid the decisional process.
AFFIRMED IN PART;
DISMISSED IN PART