No. 10-4387
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge. (3:09-cr-00096-JPB-DJJ-1)
Submitted:
October 7, 2010
Decided:
PER CURIAM:
Don McAllister appeals the criminal judgment entered
following his guilty plea, pursuant to a written plea agreement,
to
possession
with
intent
to
distribute
cocaine
base,
in
On appeal, counsel
The
waiver
provision
in
McAllisters
plea
agreement.
2005).
423
2005)
F.3d
427,
omitted).
To
intelligent,
we
430
(4th
determine
look
to
Cir.
whether
the
(internal
the
totality
waiver
of
quotation
is
the
marks
knowing
and
circumstances,
389,
omitted).
400
(4th
Cir.
2002)
(internal
quotation
marks
We
that
sentence
was
determined
on
any
ground
whatever.
to
eighty-seven
maximum
months
sentence
imprisonment,
authorized
by
within
841.
the
Thus,
waiver
provision,
however,
not
assert
any
errors
related
to
only
waived
Although McAllister
his
guilty
plea
or
In
of
his
right
to
petition
the
Supreme
Court
of
the