No. 13-4424
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
N. Carlton Tilley,
Jr., Senior District Judge. (1:12-cr-00317-NCT-3)
Submitted:
Decided:
PER CURIAM:
Hector Alvarez Gutierrez pled guilty, pursuant to a
written plea agreement, to conspiracy to distribute more than
100
kilograms
(2012).
of
marijuana,
in
violation
of
21
U.S.C.
846
months
imprisonment.
On
appeal,
Gutierrezs
counsel
has
numerous
claims
of
ineffective
assistance
of
counsel.
We
affirm.
Because Gutierrez did not move in the district court
to withdraw his guilty plea, we review the Fed. R. Crim. P. 11
hearing for plain error.
517, 525 (4th Cir. 2002); see Henderson v. United States, 133 S.
Ct.
1121,
1126-27
(2013)
(discussing
standard
of
review).
knowing
and
voluntary
and
that
factual
basis
51
(2007).
significant
In
so
procedural
doing,
we
error.
examine
Id.
If
the
sentence
there
is
none,
for
we
thorough
conclude
and
that
that
his
review
Gutierrezs
of
the
sentence
within-Guidelines
445
F.3d
375,
is
proceedings,
procedurally
sentence
presumption of reasonableness.
Pineda,
sentencing
is
Id.
we
reasonable
entitled
to
the
379
(4th
Cir.
2006)
(explaining
presumption of reasonableness).
Lastly, turning to Gutierrezs claims of ineffective
assistance of counsel, such claims are generally not cognizable
on direct appeal.
(4th Cir. 2008); see United States v. King, 119 F.3d 290, 295
(4th Cir. 1997).
may
entertain
such
claims
direct
appeal
However,
only
if
it
provide
effective
representation.
United
v.
Washington,
466
U.S.
3
668,
687
States
v.
See generally
(1984)
(setting
forth
standard).
Because
none
of
Gutierrezs
alleged
therefore
affirm
the
district
courts
judgment
and
deny
requests
that
petition
be
filed,
but
If
counsel
move
in
representation.
this
court
for
leave
to
withdraw
from
before
this
court
and
argument
would
not
aid
the
decisional process.
AFFIRMED