UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-4186
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
RODNEY CARTER, a/k/a Doc Roc,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling. John Preston Bailey,
Chief District Judge. (5:12-cr-00031-JPB-JES-1)
Submitted: September 9, 2013 Decided: September 24, 2013
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Dismissed in part; affirmed in part by unpublished per curiam
opinion.
Brendan S. Leary, Assistant Federal Public Defender, Wheeling,
West Virginia, for Appellant. Randolph John Bernard, OFFICE OF
THE UNITED STATES ATTORNEY, Wheeling, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Rodney Carter pled guilty in accordance with a written
plea agreement to conspiracy to possess with intent to
distribute and to distribute oxycodone, 21 U.S.C.
§§ 841(b)(1)(c), 846 (2006). Carter was sentenced to thirty
months in prison. He now appeals. His attorney has filed a
brief pursuant to Anders v. California, 386 U.S. 738 (1967),
stating that there are no meritorious issues for appeal. Carter
was advised of his right to file a pro se supplemental brief but
did not file such a brief. We affirm in part and dismiss in
part.
The United States moves to dismiss the appeal based on
Carter’s waiver in his plea agreement of his right to appeal any
sentence determined using a base offense level of 26 or lower.
Upon review of the record, including the plea agreement, the
transcript of the Fed. R. Crim. P. 11 proceeding, the
presentence investigation report, and the sentencing transcript,
we conclude that Carter knowingly and voluntarily waived his
right to appeal his sentence and that the waiver is valid and
enforceable. Accordingly, with respect to Carter’s sentence, we
grant the motion to dismiss.
Carter did not waive his right to appeal his
conviction, however. We have reviewed the record in accordance
with Anders and conclude that Carter knowingly and voluntarily
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entered his guilty plea, the district court fully complied with
Fed. R. Crim. P. 11, and there was a factual basis for the plea.
We therefore deny the motion to dismiss insofar as it pertains
to Carter’s conviction, which we affirm.
In accordance with Anders, we have reviewed the entire
record for meritorious issues and have found none. We therefore
affirm in part and dismiss in part. This court requires that
counsel inform Carter, in writing, of his right to petition the
Supreme Court of the United State for further review. If Carter
requests that such a petition be filed, but counsel believes
that the 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 of the motion was served on
Carter. 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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