UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-4213

UNITED STATES OF AMERICA

 Plaintiff – Appellee,

v.

ISRAEL DELGADO LUIS, a/k/a Cune, a/k/a Victor,

 Defendant – Appellant.

Appeal from the United States District Court for the District of 

South Carolina, at Columbia. Joseph F. Anderson, Jr., District 

Judge. (3:06-cr-00797-JFA-11)

Submitted: October 11, 2012 Decided: October 15, 2012

Before KING, DUNCAN, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Cameron B. Littlejohn, Jr., Columbia, South Carolina, for 

Appellant. Jane Barrett Taylor, Assistant United States 

Attorney, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:

Israel Delgado Luis pled guilty, pursuant to a plea 

agreement, to conspiracy to possess with intent to distribute 

and distribution of one kilogram or more of heroin and a 

quantity of cocaine, in violation of 21 U.S.C.A. §§ 841(a)(1), 

841(b)(1)(A), 841(b)(1)(C), 846 (West 2006 & Supp. 2012), and 

received the mandatory minimum 120-month sentence. In 

accordance with Anders v. California, 386 U.S. 738 (1967),

Luis’s attorney has filed a brief certifying that there are no 

meritorious issues for appeal but questioning whether Luis

entered into a knowing and voluntary plea agreement and whether 

the district court erred in permitting the Government to 

supplement the factual basis of the plea at sentencing to 

demonstrate that the conspiracy was responsible for one kilogram 

or more of heroin. The Government declined to file a brief and 

Luis did not file a pro se supplemental brief. Finding no 

error, we affirm.

Our review of the Fed. R. Crim. P. 11 hearing 

transcript revealed no errors and that the district court 

properly ensured that Luis’s guilty plea was knowing and 

voluntary. Luis’s counsel also questioned whether the district 

court erred in permitting the Government to supplement the 

factual basis of the plea at sentencing to demonstrate that the 

conspiracy was responsible for one kilogram or more of heroin. 
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Luis did not object to the additional evidence taken at the time 

of sentencing to prove that the conspiracy involved well over 

one kilogram of heroin. The district court “may conclude that a 

factual basis exists from anything that appears on the record 

. . . [and] it may defer its inquiry until sentencing.” United 

States v. Martinez, 277 F.3d 517, 531 (4th Cir. 2002); see 

also United States v. Ketchum, 550 F.3d 363, 366-67 (4th Cir. 

2008). It is apparent that there was sufficient information 

supplied by the Government to find that Luis was involved in a 

conspiracy that involved more than one kilogram of heroin. We 

identify no error in the court’s consideration of the evidence 

presented. See United States v. DeFusco, 949 F.2d 114, 116, 

119-20 (4th Cir. 1991) (noting that Rule 11 does not require the 

district court to establish through its colloquy that a factual 

basis exists for the plea). Accordingly, we conclude that 

Luis’s guilty plea was valid.

In accordance with Anders, we have reviewed the record 

in this case and have found no meritorious issues for appeal. 

We therefore affirm Luis’s conviction and sentence. This court 

requires that counsel inform Luis, in writing, of the right to 

petition the Supreme Court of the United States for further 

review. If Luis 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 
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representation. Counsel’s motion must state that a copy thereof 

was served on Luis. 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