United States v. Minor , 405 F. App'x 782 ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-4878
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KEVIN BERNARD MINOR,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Deborah K. Chasanow, District Judge.
(8:06-cr-00028-DKC-2)
Submitted: November 29, 2010 Decided: December 20, 2010
Before WILKINSON, NIEMEYER, and GREGORY, Circuit Judges.
Dismissed in part; affirmed in part by unpublished per curiam
opinion.
Arthur S. Cheslock, Baltimore, Maryland, for Appellant. Barbara
Suzanne Skalla, Assistant United States Attorney, Greenbelt,
Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kevin Bernard Minor pled guilty pursuant to a written
plea agreement to conspiracy to distribute and possess with
intent to distribute five kilograms or more of cocaine and fifty
grams or more of cocaine base, and to being a felon in
possession of a firearm. Minor was sentenced to 138 months of
imprisonment for the drug charge and to a concurrent term of ten
years on the gun charge. On appeal, counsel has filed a brief
pursuant to Anders v. California, 386 U.S. 738 (1967), asserting
there are no meritorious grounds for appeal, but raising the
following issues: (1) whether Minor’s guilty plea was adequate,
and (2) whether Minor was properly sentenced. The Government
has filed a motion to dismiss. For the reasons that follow, we
dismiss in part and affirm in part.
We agree with the Government that Minor knowingly and
voluntarily waived his right to appeal his sentence in his plea
agreement, except for conditions not extant in this appeal.
United States v. Broughton-Jones, 71 F.3d 1143, 1146 (4th Cir.
1995). This appeal waiver was specifically reviewed at Minor’s
plea hearing, which generally complied with Fed. R. Crim. P. 11.
United States v. General, 278 F.3d 389, 400 (4th Cir. 2002).
Because Minor waived only his right to appeal his sentence,
however, we grant only the Government’s motion to dismiss the
appeal of Minor’s sentence.
2
The issues raised in counsel’s Anders brief fail for
the reasons previously discussed: Minor’s plea hearing contained
no reversible error and Minor waived appellate review of his
sentence. In accordance with Anders, we have reviewed the
record in this case and have found no meritorious issues for
appeal. ∗ We therefore affirm Minor’s convictions. This court
requires that counsel inform Minor, in writing, of the right to
petition the Supreme Court of the United States for further
review. If Minor 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 Minor.
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
∗
Despite notice, Minor has not filed a pro se supplemental
brief.
3