United States v. Green, 4th Cir. (2007)
United States v. Green, 4th Cir. (2007)
United States v. Green, 4th Cir. (2007)
No. 06-4316
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (5:04-cr-00360-BO)
Submitted:
July 6, 2007
Decided:
PER CURIAM:
Willie Ellis Green appeals his convictions and 219-month
sentence after his guilty plea to seven counts of interfering with
interstate commerce by robbery, and aiding and abetting robbery, in
violation of 18 U.S.C. 1951, 2 (2000), and one count of
brandishing a firearm, and aiding and abetting brandishing, in
violation of 18 U.S.C. 924(c), 2 (2000).
Greens first argument on appeal is that the district
court violated his Sixth Amendment rights by enhancing his sentence
based on facts he did not admit in his plea agreement.
The plea
We have reviewed
the record and conclude that Greens argument falls within the
scope of the waiver, and therefore dismiss this portion of his
appeal.
See United States v. Blick, 408 F.3d 162, 168-69 (4th Cir.
2005).
Next, Green argues that the Government breached the plea
agreement by not fully advising the court of the extent of Greens
cooperation, and by arguing for a brandishing enhancement on the
basis that Green personally brandished a firearm.
Because Green
did not raise this objection at sentencing, our review is for plain
error.
(discussing standard).
the court the nature of Greens cooperation, and that the plea
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err in not finding that the Government breached the plea agreement.
For these reasons, we affirm Greens convictions and
dismiss the challenge to his sentence.
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