UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-4121
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KENNETH CORTEZ MINOR,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Deborah K. Chasanow, District Judge.
(8:06-cr-00028-DKC-3)
Submitted: June 25, 2009 Decided: July 15, 2009
Before TRAXLER, Chief Judge, and WILKINSON and MOTZ, Circuit
Judges.
Dismissed in part; affirmed in part by unpublished per curiam
opinion.
Gary E. Proctor, LAW OFFICES OF GARY E. PROCTOR, LLC, Baltimore,
Maryland, for Appellant. Barbara Suzanne Skalla, Assistant
United States Attorney, Greenbelt, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kenneth Cortez Minor pled guilty to conspiracy to
possess with intent to distribute 500 grams of cocaine. He was
sentenced to 168 months of imprisonment. On appeal, counsel has
filed a brief pursuant to Anders v. California, 386 U.S. 738
(1967), asserting there are no meritorious grounds for appeal,
but raising the following issues: (1) whether Minor’s guilty
plea was valid, and (2) whether his sentence was unreasonable.
The Government has filed a motion to dismiss the appeal. For
the reasons that follow, we dismiss in part and affirm in part.
This court reviews the validity of Minor’s plea for
plain error, as the issue was not raised below. United States
v. Vonn, 535 U.S. 55, 58-59 (2002); United States v. Martinez,
277 F.3d 517, 526-27 (4th Cir. 2002). Review of the record
reveals that the district court complied with Fed. R. Crim. P.
11 in conducting Minor’s plea hearing and that Minor knowingly
and voluntarily pled guilty. United States v. Broughton-Jones,
71 F.3d 1143, 1146 (4th Cir. 1995). Thus, this claim fails.
Because Minor waived his right to appeal any sentence
based on a Sentencing Guidelines offense level of 35 or lower,
and was so sentenced, we find that he has waived his right to
appeal his sentence. This waiver provision was contained in
Minor’s plea agreement and was specifically reviewed at Minor’s
plea hearing. Thus, Minor has waived appellate review of his
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sentence and we do not further address whether his sentence was
unreasonable. Id.; United States v. Wessells, 936 F.2d 165,
167-68 (4th Cir. 1991). Accordingly, we grant the Government’s
pending motion to dismiss the appeal of Minor’s sentence.
In accordance with Anders, we have reviewed the entire
record in this case, including the issues raised in Minor’s pro
se supplemental brief, and have found no meritorious issues for
appeal. Accordingly, we affirm the judgment of the district
court. This court requires that counsel inform his client, in
writing, of his 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 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.
DISMISSED IN PART;
AFFIRMED IN PART
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