Filed: Jun. 27, 2006
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-5053 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus MAKUSHAMARI GOZO, a/k/a Edward M. Gozo, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (CR-02-390-CCB) Submitted: June 12, 2006 Decided: June 27, 2006 Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-5053 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus MAKUSHAMARI GOZO, a/k/a Edward M. Gozo, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (CR-02-390-CCB) Submitted: June 12, 2006 Decided: June 27, 2006 Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam o..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-5053
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MAKUSHAMARI GOZO, a/k/a Edward M. Gozo,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, District Judge.
(CR-02-390-CCB)
Submitted: June 12, 2006 Decided: June 27, 2006
Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Michael D. Montemarano, MICHAEL D. MONTEMARANO, P.A., Elkridge,
Maryland, for Appellant. Rod J. Rosenstein, United States Attorney,
Bonnie S. Greenberg, Assistant United States Attorney, Baltimore,
Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Makushamari Gozo pled guilty to six counts of bank fraud,
two counts of mail fraud, and one count of wire fraud. He was
sentenced to concurrent terms of fifty-seven months’ imprisonment
on each count. Gozo appeals his sentence, and his attorney has
filed a brief in accordance with Anders v. California,
386 U.S. 738
(1967), asserting that Gozo was sentenced in violation of United
States v. Booker,
543 U.S. 220 (2005). In his pro se supplemental
brief, Gozo disputes the calculation of his sentence, claiming that
the district court erred in imposing certain enhancements. Because
Gozo’s plea agreement contained a waiver of his right to appeal his
sentence within the guidelines, we dismiss the appeal and deny
Gozo’s motion to remand.
A defendant may waive his right to appeal his sentence as
part of a plea agreement. United States v. Wiggins,
905 F.2d 51,
53 (4th Cir. 1990). The waiver must be knowing and voluntary.
United States v. Brown,
232 F.3d 399, 403 (4th Cir. 2000); United
States v. Wessells,
936 F.2d 165, 168 (4th Cir. 1991). This court
reviews de novo the validity of a waiver. United States v. Marin,
961 F.2d 493, 496 (4th Cir. 1992). In his plea agreement, Gozo
waived his right to appeal his sentence and “any issues that relate
to the establishment of the guidelines range, reserving only the
right to appeal from an upward or downward departure from the
guidelines range that is established at sentencing.”
- 2 -
Upon our review of the Fed. R. Crim. P. 11 colloquy, we
conclude that Gozo understood the terms of his plea agreement and
entered into it voluntarily. See
Brown, 232 F.3d at 403. In
addition, Gozo’s challenge to his sentence under Booker is barred
by the appeal waiver. See United States v. Johnson,
410 F.3d 137,
151-53 (4th Cir.), cert. denied,
126 S. Ct. 461 (2005); United
States v. Blick,
408 F.3d 162, 171-73 (4th Cir. 2005).
In accordance with Anders, we have reviewed the entire
record in this case and have found no meritorious issues for
appeal. We thus dismiss the appeal, and deny Gozo’s motion to
remand and his motions to strike counsel’s Anders brief. 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 in this court for leave to withdraw from
representation. Counsel’s motion must state that a copy thereof
was served on the client. Finally, 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
- 3 -