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U.S. v. BENTON

No. 07-4211.

523 F.3d 424 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Cedric Lee BENTON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 28, 2008.

Attorney(s) appearing for the Case

ARGUED: Raquel Kathy Wilson, Assistant Federal Defender, Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina, for Appellant. Adam Christopher Morris, Assistant United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellee. ON BRIEF: Claire J. Rauscher, Executive Director, Kevin A. Tate, Assistant Federal Defender, Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina, for Appellant. Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge GREGORY and Judge DUFFY joined.

OPINION

WILKINSON, Circuit Judge:

Cedric Lee Benton pled guilty to a felony conspiracy charge, and the district court sentenced him pursuant to his plea. Benton now appeals, arguing that the district court erred in not allowing him to withdraw his plea as a matter of right because the magistrate judge was not entitled to accept it. After careful consideration, we reject Benton's claim and affirm the judgment of the district court.

I.

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