United States v. Cockrell , 71 F. App'x 385 ( 2003 )


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  •                                                          United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT                 August 19, 2003
    Charles R. Fulbruge III
    Clerk
    No. 02-31199
    Conference Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    GUY LADDIE COCKRELL,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Western District of Louisiana
    USDC No. 01-CR-20122-1
    --------------------
    Before JONES, WIENER, and BENAVIDES, Circuit Judges.
    PER CURIAM:*
    Guy Laddie Cockrell challenges his conviction and the
    sentence he received after he pleaded guilty to possession of
    crack cocaine with intent to distribute and to carrying a firearm
    during and in relation to a drug-trafficking crime.       Cockrell
    argues, for the first time on appeal, that the district court
    erred when it did not hold a hearing on his lawyer’s motion to
    withdraw.      Because Cockrell did not argue in the district court
    that he was    entitled to a hearing, this issue is reviewed for
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined
    that this opinion should not be published and is not precedent
    except under the limited circumstances set forth in 5TH CIR.
    R. 47.5.4.
    No. 02-31199
    -2-
    plain error.     United States v. Iwegbu, 
    6 F.3d 272
    , 274-75
    (5th Cir. 1993).    In light of Cockrell’s statement to the court
    that he was satisfied with counsel’s representation, the district
    court did not err by not conducting a hearing.
    Cockrell also argues for the first time on appeal that the
    Government was required to file a motion for a downward departure
    pursuant to U.S.S.G. § 5K1.1.    The Government’s failure to file
    a U.S.S.G. § 5K1.1 motion was not plain error because, under
    the terms of the plea agreement, the Government agreed merely
    to advise the court of Cockrell’s assistance.     Wade v. United
    States, 
    504 U.S. 191
    , 184 (1992); United States v. Garcia-
    Bonilla, 
    11 F.3d 45
    , 46 (5th Cir. 1993).    The record reflects
    that the Government told the court about Cockrell’s cooperation.
    AFFIRMED.
    

Document Info

Docket Number: 02-31199

Citation Numbers: 71 F. App'x 385

Judges: Benavides, Jones, Per Curiam, Wiener

Filed Date: 8/19/2003

Precedential Status: Non-Precedential

Modified Date: 8/1/2023