418 F. App'x 195
4th Cir.2011Background
- Braswell pleaded guilty to distribution of five grams or more of cocaine base and aiding and abetting, and possession of firearms in furtherance of a drug trafficking crime.
- District court sentenced Braswell to a total of 322 months of imprisonment.
- Plea agreement included a waiver of appellate rights with respect to Braswell's sentence.
- Anders counsel filed a brief signaling no meritorious issues but questioning plea validity and sentence reasonableness; Government moved to dismiss the sentence appeal based on the waiver.
- Court granted the Government's motion to dismiss the sentence appeal, affirmed the conviction, and discussed the appellate waiver and lack of meritorious issues on direct appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appellate waiver precludes the sentence appeal | Government: waiver is valid and covers sentence | Braswell: waived; no challenge to conviction or sentence beyond waiver; Anders review finds no meritorious issues | Waiver valid and precludes sentence appeal |
Key Cases Cited
- United States v. Wiggins, 905 F.2d 51 (4th Cir. 1990) (appellate-waiver validity assessed de novo)
- United States v. Blick, 408 F.3d 162 (4th Cir. 2005) (enforcement of valid appellate waivers within plea agreements)
- United States v. General, 278 F.3d 389 (4th Cir. 2002) (totality-of-the-circumstances test for knowing and intelligent waiver)
