UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-5066
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KERIEM WRIGHT, a/k/a Minute,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge. (3:07-cr-00041-JPB-DJJ-3)
Submitted: April 8, 2009 Decided: April 27, 2009
Before WILKINSON and MICHAEL, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Affirmed in part; dismissed in part by unpublished per curiam
opinion.
Barry P. Beck, POWER, BECK & MATZUREFF, Martinsburg, West
Virginia, for Appellant. Thomas Oliver Mucklow, Assistant
United States Attorney, Martinsburg, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Keriem Wright pled guilty to aiding and abetting the
distribution of approximately 29.2 grams of crack cocaine, in
violation of 21 U.S.C. § 841(a)(1) (2006), and 18 U.S.C. § 2
(2006). The district court sentenced him as a career offender
to 188 months, the bottom of the advisory guidelines range. On
appeal, counsel has filed an Anders ∗ brief, stating that there
are no meritorious issues for appeal but questioning whether the
district court properly sentenced Wright as a career offender
and whether the sentence is reasonable. Wright was informed of
his right to file a pro se supplemental brief but has not done
so. The Government has moved to dismiss the appeal based upon
Wright’s waiver of appellate rights. We affirm in part and
dismiss in part.
A defendant may waive the right to appeal if that
waiver is knowing and intelligent. United States v. Poindexter,
492 F.3d 263, 270 (4th Cir. 2007). Generally, if the district
court fully questions a defendant regarding the waiver of his
right to appeal during the Fed. R. Crim. P. 11 colloquy, the
waiver is both valid and enforceable. United States v. Johnson,
410 F.3d 137, 151 (4th Cir. 2005); United States v. Wessells,
936 F.2d 165, 167-68 (4th Cir. 1991). The question of whether a
∗
Anders v. California, 386 U.S. 738 (1967).
2
defendant validly waived his right to appeal is a question of
law that we review de novo. United States v. Blick, 408 F.3d
162, 168 (4th Cir. 2005).
Our review of the record leads us to conclude that
Wright knowingly and voluntarily waived the right to appeal his
sentence. Moreover, the sentencing issues raised on appeal fall
within the scope of the waiver. We therefore grant, in part,
the Government’s motion to dismiss and dismiss this portion of
the appeal.
Although the waiver provision in the plea agreement
precludes our review of the sentence, the waiver does not
preclude our review of any errors in Wright’s conviction that
may be revealed by our review pursuant to Anders. Our review of
the transcript of the plea colloquy convinces us that the
district court fully complied with the mandates of Rule 11 in
accepting Wright’s guilty plea. The district court ensured that
the plea was entered knowingly and voluntarily and was supported
by an independent factual basis. See United States v. DeFusco,
949 F.2d 114, 116, 119-20 (4th Cir. 1991). Thus, we deny, in
part, the Government’s motion to dismiss and affirm the
conviction.
In accordance with Anders, we have reviewed the entire
record in this case and have found no meritorious issues not
covered by the waiver. We therefore affirm Wright’s conviction
3
and dismiss the appeal of his sentence. This court requires
that counsel inform his client, in writing, of the right to
petition the Supreme Court of the United States for further
review. If the client 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
representation. Counsel’s motion must state that a copy thereof
was served on the client. 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 IN PART;
DISMISSED IN PART
4