Filed: Nov. 20, 2007
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-4253 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus THOMAS J. MACWILLIAMS, a/k/a Greg, a/k/a Corporal George, Defendant - Appellant. Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. Irene M. Keeley, Chief District Judge. (1:06-cr-00059-IMK) Submitted: November 15, 2007 Decided: November 20, 2007 Before WILLIAMS, Chief Judge, and MOTZ and DUNCAN, Circuit Judges.
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-4253 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus THOMAS J. MACWILLIAMS, a/k/a Greg, a/k/a Corporal George, Defendant - Appellant. Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. Irene M. Keeley, Chief District Judge. (1:06-cr-00059-IMK) Submitted: November 15, 2007 Decided: November 20, 2007 Before WILLIAMS, Chief Judge, and MOTZ and DUNCAN, Circuit Judges. D..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-4253
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
THOMAS J. MACWILLIAMS, a/k/a Greg, a/k/a
Corporal George,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Clarksburg. Irene M. Keeley, Chief
District Judge. (1:06-cr-00059-IMK)
Submitted: November 15, 2007 Decided: November 20, 2007
Before WILLIAMS, Chief Judge, and MOTZ and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jonathan D. Fittro, Clarksburg, West Virginia, for Appellant.
Sharon L. Potter, United States Attorney, Shawn Angus Morgan,
Assistant United States Attorney, Clarksburg, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Thomas J. MacWilliams appeals his 151-month sentence
following his guilty plea and conviction for maintaining a place
for the manufacture of marijuana. Counsel filed a brief in
accordance with Anders v. California,
386 U.S. 738 (1967), raising
one issue, but stating that in his opinion, there are no
meritorious issues for review. MacWilliams was advised of his
right to file a pro se brief, and has done so. The Government also
filed a responding brief arguing that MacWilliams waived his right
to appeal his sentence, and that in the alternative, MacWilliams’
sentence was reasonable. Finding MacWilliams validly waived the
right to appeal his sentence, we dismiss his appeal.
The Government contends that MacWilliams waived his right
to appeal any sentence based on an adjusted offense level of
thirty-three or below. This court reviews the validity of a waiver
de novo, United States v. Brown,
232 F.3d 399, 403 (4th Cir. 2000),
and will uphold a waiver of appellate rights if the waiver is valid
and the issue being appealed is covered by the waiver. United
States v. Blick,
408 F.3d 162, 168 (4th Cir. 2005). A waiver is
valid if the defendant's agreement to the waiver was knowing and
voluntary. United States v. Marin,
961 F.2d 493, 496 (4th Cir.
1992); United States v. Wessells,
936 F.2d 165, 167 (4th Cir.
1991). Generally, if a district court fully questions a defendant
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regarding his waiver of appellate rights during the Fed. R. Crim.
P. 11 colloquy, the waiver is valid.
Wessells, 936 F.2d at 167-68.
The district court conducted a thorough Rule 11 colloquy
and specifically questioned MacWilliams about whether he understood
he was waiving his right to appeal a sentence below the adjusted
offense level specified in the plea agreement. MacWilliams’
sentence of 151 months was properly calculated based upon an
adjusted offense level below thirty-three, thereby activating the
appellate waiver. The record established that MacWilliams made a
knowing and voluntary waiver of his appellate rights and the waiver
provision should be enforced, thus, precluding MacWilliams’ Anders
sentencing challenge.
MacWilliams argues in his pro se filing that he was
coerced into pleading guilty and that the court improperly
calculated his sentence, including application of the career
offender guideline. As discussed above, the sentencing claims are
foreclosed by MacWilliams’ validly entered plea and its waiver
provision. The record does not demonstrate that MacWilliams’ plea,
or the waiver of appellate rights contained in his plea agreement,
was not knowing and voluntary.
Accordingly, we dismiss MacWilliams’ appeal based upon
the waiver in his plea agreement, which was knowingly and
voluntarily entered. In accordance with Anders, we have reviewed
the entire record in this case and have found no meritorious issues
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for appeal. 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 renew his motion in 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
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