United States v. Lassiter, 072114 FED4, 13-4543

Docket Nº:13-4543
Opinion Judge:PER CURIAM:
Party Name:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. WILLIAM LEON LASSITER, JR., a/k/a C.C., Defendant-Appellant.
Attorney:Rhonda G. Young, FITTS & YOUNG, LLP, Raleigh, North Carolina, for Appellant. Thomas G. Walker, United States Attorney, Jennifer P. May-Parker, Shailika K. Shah, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee.
Judge Panel:Before WYNN and DIAZ, Circuit Judges, and DAVIS, Senior Circuit Judge.
Case Date:July 21, 2014
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit
 
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UNITED STATES OF AMERICA, Plaintiff - Appellee,

v.

WILLIAM LEON LASSITER, JR., a/k/a C.C., Defendant-Appellant.

No. 13-4543

United States Court of Appeals, Fourth Circuit

July 21, 2014

UNPUBLISHED

Submitted: June 10, 2014

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcom J. Howard, Senior District Judge. (5:12-cr-00267-H-3)

Rhonda G. Young, FITTS & YOUNG, LLP, Raleigh, North Carolina, for Appellant.

Thomas G. Walker, United States Attorney, Jennifer P. May-Parker, Shailika K. Shah, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee.

Before WYNN and DIAZ, Circuit Judges, and DAVIS, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

William Leon Lassiter, Jr., pled guilty pursuant to a plea agreement to one count of conspiracy to distribute and possess with intent to distribute twenty-eight grams or more of cocaine base, in violation of 21 U.S.C. §§ 841(b)(1)(B), 846 (2012), and was sentenced to seventy-eight months in prison. Although Lassiter's plea agreement contained an appellate waiver that has been invoked by the Government, Lassiter seeks to challenge the reasonableness of his sentence, contending that the appellate waiver is unenforceable because the Government breached the plea agreement. We dismiss Lassiter's appeal.

This court "will not enforce an otherwise valid appeal waiver against a defendant if the government breached the plea agreement containing that waiver[.]" United States v. Cohen, 459 F.3d 490, 495 (4th Cir. 2006). Because Lassiter did not raise this issue in the district court, however, the issue is reviewed for plain error. Puckett v. United States, 556 U.S. 129, 133–34 (2009). To prevail under this standard, Lassiter must show not only that the Government plainly breached the plea agreement, but also...

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