US v. Israel Luis, No. 12-4213 (4th Cir. 2012)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-4213 UNITED STATES OF AMERICA Plaintiff Appellee, v. ISRAEL DELGADO LUIS, a/k/a Cune, a/k/a Victor, Defendant Appellant. Appeal from the United States District Court for the District of South Carolina, at Columbia. Joseph F. Anderson, Jr., District Judge. (3:06-cr-00797-JFA-11) Submitted: October 11, 2012 Decided: October 15, 2012 Before KING, DUNCAN, and DIAZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Cameron B. Littlejohn, Jr., Columbia, South Carolina, for Appellant. Jane Barrett Taylor, Assistant United States Attorney, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Israel Delgado Luis pled guilty, pursuant to a plea agreement, to conspiracy to possess with intent to distribute and distribution of one kilogram or more of heroin and a quantity of cocaine, in violation of 21 U.S.C.A. ยงยง 841(a)(1), 841(b)(1)(A), 841(b)(1)(C), 846 (West 2006 & Supp. 2012), and received the accordance mandatory with minimum Anders v. 120-month California, 386 sentence. U.S. 738 In (1967), Luis s attorney has filed a brief certifying that there are no meritorious issues for appeal but questioning whether Luis entered into a knowing and voluntary plea agreement and whether the district supplement court the erred factual in permitting basis of the the plea Government to at sentencing to demonstrate that the conspiracy was responsible for one kilogram or more of heroin. The Government declined to file a brief and Luis did not file a pro se supplemental brief. Finding no error, we affirm. Our transcript properly revealed ensured voluntary. court review erred of no that the Fed. errors and Luis s R. Crim. that guilty P. the plea 11 hearing district was court knowing and Luis s counsel also questioned whether the district in permitting the Government to supplement the factual basis of the plea at sentencing to demonstrate that the conspiracy was responsible for one kilogram or more of heroin. 2 Luis did not object to the additional evidence taken at the time of sentencing to prove that the conspiracy involved well over one kilogram of heroin. The district court may conclude that a factual basis exists from anything that appears on the record . . . [and] it may defer its inquiry until sentencing. States v. Martinez, 277 F.3d 517, 531 (4th Cir. United 2002); see also United States v. Ketchum, 550 F.3d 363, 366-67 (4th Cir. 2008). It is apparent that there was sufficient information supplied by the Government to find that Luis was involved in a conspiracy that involved more than one kilogram of heroin. We identify no error in the court s consideration of the evidence See United States v. DeFusco, 949 F.2d 114, 116, presented. 119-20 (4th Cir. 1991) (noting that Rule 11 does not require the district court to establish through its colloquy that a factual basis exists for the plea). Accordingly, we conclude that Luis s guilty plea was valid. In accordance with Anders, we have reviewed the record in this case and have found no meritorious issues for appeal. We therefore affirm Luis s conviction and sentence. This court requires that counsel inform Luis, in writing, of the right to petition the Supreme Court of the United States for further review. If Luis requests that a petition be filed, but counsel believes that such a petition would be frivolous, then counsel may move in this court for 3 leave to withdraw from representation. Counsel s motion must state that a copy thereof was served on Luis. facts and materials legal before We dispense with oral argument because the contentions are adequately the and argument court presented would not in the aid the decisional process. AFFIRMED 4
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