United States v. Gustavo Yera, 705 F. App'x 183

Gustavo Yera pleaded guilty pursuant to a written plea agreement to: (1) conspiracy to distribute and possess with intent to distribute methamphetamine (21 U.S.C. §§ 841(a)(1), 846) and (2) conspiracy to commit money laundering (18 U.S.C. §§ 1956(a)(1)(B)(i), 1956(h)).
At the Rule 11 hearing Yera stated he was not under the influence, was satisfied with counsel, acknowledged a factual basis, and admitted guilt.
The district court calculated the Sentencing Guidelines range, considered 18 U.S.C. § 3553(a) factors, heard parties’ arguments, and imposed concurrent 168-month sentences on each count.
Yera appealed; appointed counsel filed an Anders brief asserting no nonfrivolous issues; Yera filed a pro se brief raising several claims (including ineffective assistance and a Fourth Amendment challenge to a traffic stop).
The Fourth Circuit reviewed the record, concluded the plea was knowing and voluntary, found the sentence procedurally and substantively reasonable, and affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity of guilty plea	Yera alleged issues related to counsel and circumstances of plea	Government relied on Rule 11 colloquy, factual basis, and plea agreement	Plea was knowing and voluntary; court substantially complied with Rule 11
Reasonableness of sentence	Yera challenged sentence as unreasonable	Government contended Guidelines calculation and §3553(a) analysis supported within-Guidelines sentence	Within-Guidelines 168-month sentence was procedurally and substantively reasonable
Fourth Amendment claim re: traffic stop/arrest	Yera argued stop/arrest violated Fourth Amendment	Government argued the guilty plea waived antecedent nonjurisdictional defects	Fourth Circuit held the Fourth Amendment claim was waived by valid guilty plea
Ineffective assistance of counsel	Yera raised ineffective-assistance claims pro se	Government noted record did not conclusively show ineffectiveness	Court declined to address ineffective-assistance claim on direct appeal because it did not conclusively appear on the record

Anders v. California, 386 U.S. 738 (1967) (appointed counsel must file brief identifying any nonfrivolous issues)
Gall v. United States, 552 U.S. 38 (2007) (standard for reviewing reasonableness of sentence)
Tollett v. Henderson, 411 U.S. 258 (1973) (guilty plea waives antecedent nonjurisdictional defects)
United States v. Carter, 564 F.3d 325 (4th Cir. 2009) (cited for sentencing-reasonableness review in this circuit)
United States v. Baptiste, 596 F.3d 214 (4th Cir. 2010) (ineffective-assistance claims may be preserved for collateral review when record is inadequate)
United States v. Fitzgerald, 820 F.3d 107 (4th Cir. 2016) (application of Tollett waiver rule)