US v. Ravon Hebron

Filing 920090223

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-4424

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RAVON HEBRON, Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Andre M. Davis, District Judge. (1:07cr-00363-AMD-1)

Submitted:

February 19, 2009

Decided:

February 23, 2009

Before WILKINSON, DUNCAN, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Marc L. Resnick, Washington, D.C., for Appellant. Rod J. Rosenstein, United States Attorney, Christopher J. Romano, Assistant United States Attorney, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Ravon Hebron pled guilty to one count of conspiracy to distribute and possess with intent to distribute cocaine base, in violation of 21 U.S.C. § 846 (2006). months' imprisonment. On appeal, He was sentenced to 120 argues that he was

Hebron

deprived of a fair trial because he entered his guilty plea involuntarily, without proper advice from counsel, and under

coercion and duress. To the

We affirm. Hebron claims his guilty plea was

extent

involuntary and the district court erred in accepting it, any error committed during the Fed. R. Crim. P. 11 hearing is

reviewed for plain error because Hebron did not move to withdraw his guilty plea. 524-26 (4th Cir. See United States v. Martinez, 277 F.3d 517, 2002). We have carefully reviewed the

transcript of the Rule 11 hearing and find no plain error in the district court's acceptance of the guilty plea. See United A

States v. DeFusco, 949 F.2d 114, 119--20 (4th Cir. 1991).

defendant's statements at a guilty plea hearing are presumed true. See Blackledge v. Allison, 431 U.S. 63, 73-74 (1977).

Unsupported subsequent allegations are insufficient to overcome representations at the hearing. Id. at 74. We find no See

evidence that Hebron's plea was not knowing or voluntary. Unites States v. Marin, 961 F.2d 493, 496 (4th Cir.

1992).

Moreover, as there is no ineffective assistance of counsel found 2

on

the

face

of

the

record,

we

decline

to

consider

Hebron's

ineffective assistance claim on direct appeal. F.2d at 120-21. Accordingly, sentence. legal before we affirm Hebron's

DeFusco, 949

conviction

and

We dispense with oral argument because the facts and are and adequately argument presented not in aid the the materials decisional

contentions the court

would

process. AFFIRMED

3