United States v. Millon ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-5039
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GERMAN MILLON,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Robert J. Conrad, Jr.,
Chief District Judge. (3:05-cr-00341-1)
Submitted: April 23, 2008 Decided: May 2, 2008
Before WILLIAMS, Chief Judge, and NIEMEYER and TRAXLER, Circuit
Judges.
Affirmed by unpublished per curiam opinion.
Tolly A. Kennon, III, KENNON & ASSOCIATES, Charlotte, North
Carolina, for Appellant. Amy Elizabeth Ray, OFFICE OF THE UNITED
STATES ATTORNEY, Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
German Millon appeals his conviction and seventy-month
sentence imposed after he pled guilty, pursuant to a plea
agreement, to one count of conspiracy to possess with intent to
distribute marijuana and cocaine, in violation of 21 U.S.C.
§§ 841(a)(1), 846 (2000). On appeal, Millon states only a single
claim of ineffective assistance of counsel. The Government has
moved to dismiss Millon’s appeal based upon a waiver of appellate
rights in his plea agreement.
We deny the Government’s motion to dismiss. We have
reviewed Millon’s claim and conclude that it does not “conclusively
appear[]” on the record that counsel was ineffective. United
States v. Richardson, 195 F.3d 192, 198 (4th Cir. 1999) (internal
quotation marks omitted). Millon may raise his ineffective
assistance claim in proceedings under 28 U.S.C. § 2255 (2000). We
therefore affirm Millon’s conviction and sentence. We dispense
with oral argument because the facts and legal contentions are
adequately presented in the materials before the court and argument
would not aid the decisional process.
AFFIRMED
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