United States v. Mary McCulley

MEMORANDUM

Appellant Mary Ann McCulley (McCul-ley) appeals her conviction and sentence following her guilty plea to one count of false impersonation of a federal officer or employee in violation of 18 U..S.C. § 912. McCulley contends that the district court failed to adequately consider her oral motion to withdraw her guilty plea due to newly discovered evidence; the superseding information failed to sufficiently allege that McCulley violated 18 U.S.C. § 912 ; her conviction violated her rights under the First and Fourteenth Amendments; and reversal of her conviction and sentence is warranted due to ineffective assistance of counsel. McCulley also challenges the district court’s above guidelines sentence. We dismiss McCulley’s appeal.

1. McCulley’s contention that the district court failed to adequately consider her motion to withdraw her guilty plea is without factual basis because no oral or written motion was clearly made prior to sentencing. See United States v. Dewey, 599 F.3d 1010, 1017 (9th Cir.2010).

2. McCulley waived any challenge to the sufficiency of the superseding information and the constitutionality of her conviction by entering an unconditional guilty plea. See…