No. 15-4098
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston.
Thomas E. Johnston,
District Judge. (2:12-cr-00155-1)
Submitted:
Decided:
December 7, 2015
PER CURIAM:
Ajamu Sawandi Osborne pleaded guilty, pursuant to a written
plea
agreement,
distribute
(2012),
and
to
one
quantity
was
count
of
sentenced
of
possession
Oxycodone,
to
70
21
with
U.S.C.
months
intent
to
841(a)(1)
imprisonment.
He
denying
his
motion
to
withdraw
his
guilty
plea
and
in
We affirm.
I.
After
the
court
accepts
guilty
plea,
but
before
Fed.
R.
fair
and
Crim.
P.
just
reason
for
11(d)(2)(B).
requesting
The
rule
the
does
withdrawal.
not
afford
The
Id.
United States v.
guilty
colloquy [and]
plea
is
properly
an
evaluation
conducted
Rule
of
11
the
Rule
colloquy
11
(4th
If
Cir.
proceeding
2003).
is
to
serve
an
a
appropriately
meaningful
conducted
function,
on
Rule
which
11
the
strong
presumption
that
the
plea
is
final
and
binding.
United States v. Lambey, 974 F.2d 1389, 1394 (4th Cir. 1992) (en
banc). Here, we find that the district court fully complied with
Rule 11 in conducting Osbornes guilty plea colloquy.
Osborne claimed in his motion to withdraw that his plea was
not
knowing
or
voluntary
because
the
police
mishandled
the
evidence.
the
chain
of
custody
procedures
employed
by
their
We find no abuse of
II.
The determination of whether a defendant is deserving of an
acceptance of responsibility adjustment is a factual issue and
thus reviewed for clear error.
unique
position
responsibility,
sentencing
judge
to
and
evaluate
thus
is
a
.
entitled
defendants
to
the
great
acceptance
determination
deference
on
of
of
the
review.
Elliott v. United States, 332 F.3d 753, 761 (4th Cir. 2003)
(internal
quotations
and
brackets
omitted).
This
court
may
reverse the district courts finding only when left with the
definite and firm conviction that a mistake has been committed.
Dugger, 485 F.3d at 239 (internal quotation marks omitted).
Section
3E1.1
of
the
U.S.
Sentencing
Guidelines
Manual
acceptance
of
responsibility
4
for
his
offense.
United States v. Jeffery, 631 F.3d 669, 678 (4th Cir. 2011)
(quoting
USSG
3E1.1(a)).
defendant
must
establish
that
has
clearly
he
personal
by
To
a
merit
for
reduction,
preponderance
recognized
responsibility
this
his
the
evidence
affirmatively
accepted
and
criminal
of
the
conduct.
United
[A]
court
did
not
clearly
err
when
it
concluded
that
III.
For the reasons given, we affirm Osbornes conviction and
sentence.
supplemental
We
deny
brief
Osbornes
and
for
motions
to
file
reconsideration
of
pro
the
se
order
We
also deny Osbornes motion for oral argument because the facts
and legal contentions are adequately presented in the materials
before
this
court
and
argument
would
not
aid
the
decisional
process.
AFFIRMED
5