United States v. Medrano ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-4449
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
GUMESINDO PAZ MEDRANO,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Lacy H. Thornburg,
District Judge. (CR-03-111)
Submitted: June 15, 2005 Decided: October 6, 2005
Before WILKINSON and WILLIAMS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed in part and affirmed in part by unpublished per curiam
opinion.
Aaron Edmund Michel, Charlotte, North Carolina, for Appellant.
Thomas Richard Ascik, OFFICE OF THE UNITED STATES ATTORNEY,
Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Gumesindo Paz Medrano appeals his sentence of 188 months
of imprisonment imposed after he pled guilty, pursuant to a plea
agreement, to one count of conspiracy to possess with intent to
distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1),
846 (2000). The Government has moved to dismiss Medrano’s appeal
based upon a waiver of appellate rights in his plea agreement.
We deny the Government’s motion to dismiss. We conclude,
however, that Medrano waived the right to proceed with each of his
claims on appeal, except his claim of ineffective assistance of
counsel. We have reviewed that claim and determine 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). Medrano may raise
his ineffective assistance claim in proceedings under 28 U.S.C.A.
§ 2255 (West Supp. 2005). 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.
DISMISSED IN PART AND
AFFIRMED IN PART
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