United States v. Marquaseo Andrews, 18-4713

Andrews pleaded guilty to possession of ammunition by a felon (18 U.S.C. §§ 922(g)(1), 924(a)(2)) and was sentenced to 84 months’ imprisonment.
Counsel filed an Anders brief asserting no meritorious appellate issues but raising ineffective assistance of counsel; Andrews did not file a pro se brief.
The Government moved to dismiss the appeal under an appellate-waiver in Andrews’ plea agreement.
The court found the appeal waiver knowing and voluntary and therefore enforceable as to waived issues.
Ineffective-assistance claims lie outside the waiver but are not cognizable on direct appeal unless the record conclusively establishes such ineffectiveness; the record here does not do so.
The court reviewed the guilty plea (including potential Rehaif challenges) and found no nonfrivolous Rehaif-based challenge; it dismissed the appeal as to waived issues and affirmed the remainder.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity of appeal waiver	Andrews contends waiver was entered knowingly/voluntarily (implicitly challenges validity)	Government argues waiver is valid and enforceable	Waiver is valid and enforceable; appealed issues within waiver are dismissed
Scope of waiver (ineffective-assistance claims)	Andrews contends trial counsel was ineffective	Government asserts waiver bars appellate challenges except those outside waiver	Ineffective-assistance claims fall outside waiver scope, so not barred by waiver
Cognizability of ineffective-assistance on direct appeal	Andrews urges direct review for ineffective assistance	Government notes direct appeal is improper absent record conclusively showing ineffectiveness	Not cognizable on direct appeal here because record does not conclusively show ineffective assistance; recommend §2255 motion
Rehaif-based challenge to guilty plea	Andrews could challenge conviction under Rehaif	Government argues plea and conviction withstand Rehaif scrutiny	Court finds no nonfrivolous Rehaif-based challenge; guilty plea validation stands

Anders v. California, 386 U.S. 738 (1967) (procedural safeguard when counsel files a no-merit brief)
United States v. Dillard, 891 F.3d 151 (4th Cir. 2018) (de novo review of appeal-waiver validity)
United States v. Adams, 814 F.3d 178 (4th Cir. 2016) (enforce waiver if knowing, voluntary, and issue within scope)
United States v. Faulls, 821 F.3d 502 (4th Cir. 2016) (ineffective-assistance claims not cognizable on direct appeal absent conclusive record)
United States v. Jordan, 952 F.3d 160 (4th Cir. 2020) (ineffective-assistance claims generally more appropriate in §2255 proceedings)
Greer v. United States, 141 S. Ct. 2090 (2021) (guidance on Rehaif-related review of guilty pleas)
Rehaif v. United States, 139 S. Ct. 2191 (2019) (government must prove defendant knew he possessed a firearm or ammunition in a manner unlawful under federal law)