UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-4276
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
JAMES K. LARBI,
Defendant – Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Benson Everett Legg, District Judge.
(1:05-cr-00088-BEL-2)
Submitted: September 15, 2011 Decided: September 29, 2011
Before KEENAN and WYNN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Michael D. Montemarano, MICHAEL D. MONTEMARANO, P.A., Elkridge,
Maryland, for Appellant. Philip S. Jackson, Assistant United
States Attorney, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
James K. Larbi appeals the eighty-seven-month sentence
imposed following his guilty plea to conspiracy to possess with
the intent to distribute heroin, in violation of 21 U.S.C. § 846
(2006). Counsel for Larbi filed a brief in this court in
accordance with Anders v. California, 386 U.S. 738 (1967),
certifying that there are no non-frivolous issues for appeal,
but noting that Larbi believed trial counsel rendered
ineffective assistance. Larbi filed a pro se supplemental
brief, arguing that his guilty plea was rendered unknowing and
involuntary by (1) the arresting officers’ failure to inform him
of his right to speak with the Ghanaian consulate; and (2) the
district court’s failure to review with Larbi his appellate
waiver.
Appellate counsel for Larbi questions whether trial
counsel rendered ineffective assistance in failing to request
and obtain a lesser sentence. Claims of ineffective assistance
of counsel are not cognizable on direct appeal unless the record
conclusively establishes that counsel provided ineffective
assistance. United States v. Benton, 523 F.3d 424, 435 (4th
Cir. 2008). Larbi’s claim is not ripe for review because the
record contains no conclusive evidence that counsel was
ineffective.
2
Larbi’s pro se supplemental brief challenges the
validity of his guilty plea. Prior to accepting a guilty plea,
the district court must inform the defendant of the nature of
the charge to which the plea is offered, any mandatory minimum
penalty, the maximum possible penalty, and the various rights he
is relinquishing by pleading guilty. Fed. R. Crim P. 11(b).
The court also must determine whether there is a factual basis
for the plea. Id.; United States v. DeFusco, 949 F2d. 114, 116,
120 (4th Cir. 1991). The purpose of the Rule 11 colloquy is to
ensure that the plea of guilty is entered into knowingly and
voluntarily. See United States v. Vonn, 535 U.S. 55, 58 (2002).
Because Larbi did not move to withdraw his guilty plea
in the district court or raise any objections to the Rule 11
colloquy, the colloquy is reviewed for plain error. United
States v. Martinez, 277 F.3d 517, 524-27 (4th Cir. 2002). To
demonstrate plain error, a defendant must show that: (1) there
was an error; (2) the error was plain; and (3) the error
affected his “substantial rights.” United States v. Olano, 507
U.S. 725, 732 (1993). Mindful of these standards, we have
reviewed the record and conclude that Larbi’s pro se claims do
not entitle him to relief. Accordingly, we hold that the
district court did not plainly err in conducting the Rule 11
colloquy or in accepting Larbi’s guilty plea.
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In accordance with Anders, we have examined the entire
record and find no meritorious issues for appeal. We therefore
affirm the district court’s judgment. This court requires that
counsel inform Larbi, in writing, of his right to petition the
Supreme Court of the United States for further review. If Larbi
requests that a petition be filed, but counsel believes that
such a petition would be frivolous, then counsel may move in
this court for leave to withdraw from representation. Counsel’s
motion must state that a copy thereof was served on Larbi. 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.
AFFIRMED
4