UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-5012
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ADENIYI J. ADEBIYI, a/k/a Niyi, a/k/a Mike, a/k/a Ni,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Deborah K. Chasanow, Chief District
Judge. (8:10-cr-00596-DKC-4)
Submitted: May 31, 2012 Decided: June 5, 2012
Before KING, DUNCAN, and DIAZ, Circuit Judges.
Dismissed in part and affirmed in part by unpublished per curiam
opinion.
Ron Earnest, LAW OFFICE OF RON EARNEST, Riverdale, Maryland, for
Appellant. Robert K. Hur, Assistant United States Attorney,
Greenbelt, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Adeniyi J. Adebiyi pled guilty, pursuant to a written
plea agreement, to conspiracy to commit bank fraud, in violation
of 18 U.S.C. § 1349 (2006), and aggravated identity theft, in
violation of 18 U.S.C. § 1028A (2006). The district court
sentenced him to forty-eight months’ imprisonment. Appellate
counsel filed a brief pursuant to Anders v. California, 386 U.S.
738 (1967), in which he asserts there are no meritorious issues
for appeal but questions whether Adebiyi’s sentence is
reasonable. Adebiyi was notified of his right to file a pro se
supplemental brief, but he has not done so. The Government,
asserting Adebiyi waived his right to appeal his convictions and
sentence in the plea agreement, has moved to dismiss this appeal
to the extent Adebiyi raises any challenges to his convictions
or sentence other than the voluntariness of his guilty plea.
Upon review of the plea agreement and the transcript
of the Rule 11 hearing, we conclude that Adebiyi knowingly and
voluntarily waived his right to appeal his sentence.
Accordingly, we grant the Government’s motion to dismiss in part
and dismiss the appeal of Adebiyi’s sentence. The Government’s
motion did not, however, seek to preclude our review of the
voluntariness of Adebiyi’s guilty plea. We have reviewed the
transcript of the plea hearing and conclude that Adebiyi’s plea
was knowing and voluntary.
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In accordance with Anders, we have reviewed the record
as it pertains to Adebiyi’s guilty plea and have found no
meritorious issues for appeal. We therefore affirm Adebiyi’s
convictions. This court requires that counsel inform Adebiyi,
in writing, of the right to petition the Supreme Court of the
United States for further review. If Adebiyi 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 Adebiyi.
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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