United States v. Ross , 174 F. App'x 177 ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-4522
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CHARLES A. ROSS,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Clarksburg. Irene M. Keeley, Chief
District Judge. (CR-04-25)
Submitted: March 30, 2006 Decided: April 5, 2006
Before TRAXLER, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
L. Richard Walker, Assistant Federal Public Defender, Clarksburg,
West Virginia, for Appellant. Thomas E. Johnston, United States
Attorney, Shawn Angus Morgan, Assistant United States Attorney,
Clarksburg, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Charles A. Ross appeals from the criminal judgment
imposed after he pled guilty to possession of pseudoephedrine with
intent to manufacture methamphetamine and possession of a firearm
in furtherance of a drug trafficking crime. He received a 169-
month sentence. On appeal, Ross argues that the district court
erred in sentencing him because he is entitled to an additional
one-level reduction for acceptance of responsibility and that the
Government breached the plea agreement by failing to move for the
additional reduction for acceptance of responsibility. The
Government responds that Ross waived his right to appeal and that
the waiver should be enforced. We agree with the Government and
dismiss the appeal.
Where it is determined that the Government has breached
its obligations under a plea agreement, the defendant is released
from any appeal waiver set forth in the plea agreement. United
States v. Bowe, 257 F.3d 336, 342 (4th Cir. 2001). Our review of
the record and the applicable law reveals that the Government did
not breach the plea agreement with Ross. Because Ross’ sentence
places him within the scope of the appeal waiver, we dismiss the
appeal. We dispense with oral argument because the facts and legal
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contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
DISMISSED
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