[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUITU.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
JUNE 3, 2010
No. 09-15529 JOHN LEY
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 06-60317-CR-WPD
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
YVETTE SCOTT PATTERSON,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(June 3, 2010)
Before BIRCH, MARTIN and ANDERSON, Circuit Judges.
PER CURIAM:
Randee J. Golder, appointed counsel for Yvette Scott Patterson in this direct
criminal appeal, moves to withdraw from further representation of Patterson.
Golder has filed a brief arguing that the appeal lacks merit, in accordance with
Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967). Patterson also filed a
brief with this Court asking for a reduction in sentence. After independent review
of the entire record, we agree with Golder that the appeal lacks merit.
Patterson pleaded guilty to Counts 1 and 23 of the 47 counts charged in the
indictment in exchange for dismissal of the remaining counts. During the plea
colloquy, the district court questioned Patterson to ensure that the plea was entered
knowingly and voluntarily, in compliance with Federal Rule of Criminal Procedure
11(b)(1). Although there were some technical defects in the colloquy, the “core
concerns” that Patterson was choosing to plead voluntarily, that she understood the
nature of the charges, and that she understood the consequences of her plea, were
adequately addressed. See United States v. Monroe, 353 F.3d 1346, 1354 (11th
Cir. 2003). We conclude that Patterson knowingly and voluntarily entered into the
plea agreement.
The plea agreement contained a provision waiving Patterson’s right to
appeal her sentence. The district court specifically questioned Patterson about the
waiver, and we are satisfied that Patterson understood the significance of the right
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she was waiving and that she waived it voluntarily. We conclude that the waiver is
enforceable. See United States v. Bushert, 997 F.2d 1343, 1350–51 (11th Cir.
1993).
Although Patterson waived her right to appeal her sentence, we mention that
the district court followed the government’s recommendation and sentenced her
below the United States Sentencing Guidelines range for her offenses. The
guidelines range for Count 1, combined with the mandatory, consecutive term for
Count 23, placed Patterson’s recommended imprisonment range at 94 to 108
months. She received a sentence of 70 months imprisonment.
Our independent review of the record reveals no arguable issues of merit.
Golder’s motion to withdraw is GRANTED, and Patterson’s conviction and
sentence are AFFIRMED.
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