UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-4871
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANTWON QUARTEZ OBEY, a/k/a Tweezy,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Fox, Senior
District Judge. (7:12-cr-00057-F-2)
Submitted: November 18, 2014 Decided: December 9, 2014
Before KING and FLOYD, Circuit Judges, and DAVIS, Senior Circuit
Judge.
Dismissed in part, affirmed in part by unpublished per curiam
opinion.
Sarah Jessica Farber, FARBER LAW FIRM, PLLC, Raleigh, North
Carolina, for Appellant. Jennifer P. May-Parker, Assistant
United States Attorney, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Antwon Quartez Obey seeks to appeal his convictions
and sentence for two counts of conspiracy to commit an offense
against the United States, in violation of 18 U.S.C. § 371
(2012). On appeal, Obey’s counsel filed a brief pursuant to
Anders v. California, 386 U.S. 738 (1967), asserting that there
are no meritorious grounds for appeal but questioning whether
the district court erred in calculating Obey’s Guidelines range.
Obey was advised of his right to file a pro se supplemental
brief but did not file one. The Government has filed a motion
to dismiss Obey’s appeal based on an appellate waiver provision
in the plea agreement. Obey opposes the Government’s motion as
premature. We grant the Government’s motion to dismiss in part
and dismiss Obey’s appeal of his sentence, and we deny the
motion in part and affirm Obey’s convictions.
We review de novo a defendant’s waiver of appellate
rights. United States v. Copeland, 707 F.3d 522, 528 (4th
Cir.), cert. denied, 134 S. Ct. 126 (2013). “A defendant may
waive the right to appeal his conviction and sentence so long as
the waiver is knowing and voluntary.” Id. (internal quotation
marks omitted). Our review of the record leads us to conclude
that, under the totality of the circumstances, Obey’s waiver of
appellate rights was knowing and voluntary and that the waiver
provision is therefore valid and enforceable. See id.; United
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States v. Blick, 408 F.3d 162, 169 (4th Cir. 2005) (providing
standard).
We will enforce a valid waiver so long as “the issue
appealed is within the scope of the waiver.” Copeland, 707 F.3d
at 528. We conclude that Obey’s challenge to the calculation of
his Guidelines range falls within the scope of the appellate
waiver provision in the plea agreement. Therefore, we grant the
Government’s motion to dismiss in part and dismiss Obey’s appeal
of his sentence.
The appellate waiver does not, however, preclude our
review of a challenge to the voluntariness of Obey’s plea. See
United States v. Attar, 38 F.3d 727, 732–33 & n.2 (4th Cir.
1994). We have reviewed the plea colloquy for plain error and
conclude that any errors or omissions in the plea colloquy did
not affect Obey’s substantial rights. See United States v.
Martinez, 277 F.3d 517, 525 (4th Cir. 2002) (stating standard of
review); see also Henderson v. United States, 133 S. Ct. 1121,
1126-27 (2013) (detailing plain error standard). We therefore
deny in part the Government’s motion to dismiss and affirm
Obey’s convictions.
In accordance with Anders, we have reviewed the entire
record and have found no unwaived potentially meritorious
grounds for appeal. We therefore affirm Obey’s convictions and
dismiss the appeal of the sentence. This court requires that
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counsel inform Obey, in writing, of his right to petition the
Supreme Court of the United States for further review. If Obey
requests that a petition be filed, but counsel believes that
such a petition would be frivolous, counsel may move in this
court for leave to withdraw from representation. Counsel’s
motion must state that a copy thereof was served on Obey. We
dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
DISMISSED IN PART;
AFFIRMED IN PART
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