United States v. Michael Fischer
697 F. App'x 791
| 4th Cir. | 2017Background
- Defendant Michael L. Fischer pled guilty pursuant to a written plea agreement to travel with intent to engage in illicit sexual conduct, 18 U.S.C. § 2423(b), and was sentenced to 120 months’ imprisonment.
- Appellate counsel filed an Anders brief asserting no meritorious issues but questioning the plea’s validity and sentence reasonableness; Fischer filed a pro se supplement complaining prison attorney‑client meeting rooms were not soundproof.
- The Government moved to dismiss the appeal based on an appellate‑waiver clause in Fischer’s plea agreement.
- The district court conducted a Fed. R. Crim. P. 11 colloquy; the appellate court reviewed the transcript and found Rule 11 compliance and that Fischer’s plea was knowing and voluntary.
- The Fourth Circuit reviewed de novo the validity and scope of the appeal waiver and concluded Fischer knowingly and intelligently waived his appellate rights as to the issues he raised.
- The court granted the Government’s motion to dismiss in part (enforcing the waiver) and affirmed in part after an Anders review found no non‑waived meritorious issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of guilty plea | Fischer (via counsel) questioned plea validity | Prosecutor/district court: Rule 11 colloquy was proper; plea was knowing and voluntary | Plea was knowing and voluntary; Rule 11 complied with |
| Enforceability of appellate waiver | Fischer sought to appeal plea/sentence issues despite waiver | Government: waiver is valid and bars appeal of covered issues | Waiver was knowing and intelligent; appeal dismissed as to waived issues |
| Whether any non‑waivable issues exist | Fischer raised prison meeting room privacy (pro se) and sentence reasonableness | Government: issues fall within waiver; no non‑waived claim shown | Anders review found no meritorious non‑waived issues; affirmed in part |
| Counsel’s Anders obligations on appeal | N/A (counsel filed Anders brief) | Government requested dismissal under waiver | Court required counsel to notify Fischer of Supreme Court cert. right and set procedure to seek leave to withdraw if cert. petition would be frivolous |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedure when appointed counsel finds appeal frivolous)
- United States v. Moussaoui, 591 F.3d 263 (4th Cir.) (guilty plea's solemn declaration presumed truthful)
- United States v. Attar, 38 F.3d 727 (4th Cir.) (standard after determining plea is voluntary)
- United States v. Copeland, 707 F.3d 522 (4th Cir.) (limits on appeal waivers and unenforceable claims)
- United States v. Manigan, 592 F.3d 621 (4th Cir.) (appeal waiver valid only if knowing and intelligent)
- United States v. Thornsbury, 670 F.3d 532 (4th Cir.) (appeal waiver enforceability when record shows validity and scope)