Filed: Mar. 26, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4400 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DONNELL HAGOOD, a/k/a Sadler, Defendant - Appellant. No. 13-4415 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LADREQUZ POLK, a/k/a Popsicle, Defendant - Appellant. Appeals from the United States District Court for the District of South Carolina, at Greenville. Timothy M. Cain, District Judge. (6:12-cr-00635-TMC-1; 6:12-cr-00635-TMC-2) Submitted: February 27, 2014
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4400 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DONNELL HAGOOD, a/k/a Sadler, Defendant - Appellant. No. 13-4415 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LADREQUZ POLK, a/k/a Popsicle, Defendant - Appellant. Appeals from the United States District Court for the District of South Carolina, at Greenville. Timothy M. Cain, District Judge. (6:12-cr-00635-TMC-1; 6:12-cr-00635-TMC-2) Submitted: February 27, 2014 ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-4400
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DONNELL HAGOOD, a/k/a Sadler,
Defendant - Appellant.
No. 13-4415
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LADREQUZ POLK, a/k/a Popsicle,
Defendant - Appellant.
Appeals from the United States District Court for the District
of South Carolina, at Greenville. Timothy M. Cain, District
Judge. (6:12-cr-00635-TMC-1; 6:12-cr-00635-TMC-2)
Submitted: February 27, 2014 Decided: March 26, 2014
Before MOTZ and DIAZ, Circuit Judges, and DAVIS, Senior Circuit
Judge.
Dismissed in part; affirmed in part by unpublished per curiam
opinion.
Jessica Salvini, SALVINI & BENNETT, LLC, Greenville, South
Carolina; Lora E. Collins, Assistant Federal Public Defender,
Greenville, South Carolina, for Appellants. Alan Lance Crick,
Assistant United States Attorney, Greenville, South Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Donnell Hagood pleaded guilty pursuant to a written
plea agreement to conspiracy to possess with intent to
distribute and distribute cocaine, in violation of 21 U.S.C.
§§ 846, 841(a)(1), (b)(1)(A) (2012), and using and carrying a
firearm during and in relation to, and in furtherance of, a drug
trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A)
(2012). Ladrequz Polk also pleaded guilty pursuant to a written
plea agreement to conspiracy to possess with intent to
distribute and distribute cocaine, in violation of 21 U.S.C.
§§ 846, 841(a)(1), (b)(1)(A). In this consolidated appeal,
Counsel filed a brief pursuant to Anders v. California,
386 U.S.
738 (1967), on behalf of Hagood and Polk (“Appellants”),
asserting that there are no meritorious issues for appeal but
questioning the reasonableness of Appellants’ respective
sentences. * The Government has filed separate motions to dismiss
the appeals as barred by the appellate waiver contained in the
Appellants’ plea agreements. We affirm in part and dismiss in
part.
Upon review of the plea agreements and the transcript
of the Fed. R. Crim. P. 11 hearing, we conclude that Appellants
*
Neither Appellant has filed a pro se supplemental brief,
though informed of his right to do so.
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knowingly and voluntarily waived the right to appeal their
convictions and sentences, save for claims of ineffective
assistance of counsel and prosecutorial misconduct. We also
conclude that each Appellant’s challenges to the reasonableness
of his respective sentence falls within the scope of his waiver
of appellate rights. See United States v. Copeland,
707 F.3d
522, 528-29 (4th Cir. 2013) (“A defendant may waive his right to
appeal his conviction and sentence so long as the waiver is
knowing and voluntary,” and the issues raised are within the
scope of the valid waiver). We therefore grant in part the
Government’s motions to dismiss the appeals.
In accordance with Anders, we have reviewed the entire
record for meritorious issues outside the scope of the waiver
and have found none. Accordingly, we affirm the district
court’s judgment as to all issues not encompassed by Appellants’
valid waivers. This court requires that counsel inform their
clients, in writing, of the right to petition the Supreme Court
of the United States for further review. If either 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 her client.
We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
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before this court and argument would not aid the decisional
process.
DISMISSED IN PART;
AFFIRMED IN PART
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