United States v. Timothy Baxter
681 F. App'x 271
| 4th Cir. | 2017Background
- Defendant Timothy Antaine Baxter pleaded guilty to conspiracy to distribute and possess with intent to distribute cocaine and cocaine base in violation of 21 U.S.C. § 846 and was sentenced to 86 months' imprisonment.
- Appellate counsel filed an Anders brief asserting no meritorious issues, but questioned validity of Baxter’s appellate waiver, sentence reasonableness, and ineffective assistance of counsel.
- The Government did not invoke Baxter’s appellate waiver, so the court reviewed issues on the merits where appropriate.
- Baxter did not object during the Rule 11 plea colloquy nor move to withdraw his plea; therefore, Rule 11 compliance was reviewed for plain error.
- The district court calculated the Guidelines range, treated the Guidelines as advisory, considered 18 U.S.C. § 3553(a) factors, and imposed a below-Guidelines sentence of 86 months.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of appellate waiver | Baxter contends waiver may be invalid | Government relies on waiver (though did not invoke it) | Waiver was valid: Rule 11 colloquy properly conducted; knowing and voluntary agreement |
| Validity of guilty plea (Rule 11) | Baxter implies plea may be defective | District court complied with Rule 11; plea was knowing and voluntary | No plain error; plea was valid, final, and binding |
| Reasonableness of sentence | Baxter challenges sentence as potentially unreasonable | Sentence complied with procedure; court considered § 3553(a); sentence below Guidelines | Affirmed as reasonable (procedurally and substantively) |
| Ineffective assistance of counsel | Baxter raises ineffective-assistance claims on appeal | Record does not conclusively show deficient performance | Not resolved on direct appeal; such claims should be raised in a § 2255 motion |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (standards for counsel’s withdrawal when appeal is frivolous)
- United States v. Adams, 814 F.3d 178 (4th Cir. 2016) (review of appellate-waiver validity; Rule 11 colloquy effect)
- United States v. Poindexter, 492 F.3d 263 (4th Cir. 2007) (waiver limits appellate review only when invoked)
- United States v. Fisher, 711 F.3d 460 (4th Cir. 2013) (standard for knowing and voluntary guilty plea)
- United States v. DeFusco, 949 F.2d 114 (4th Cir. 1991) (Rule 11(b) requirement for factual basis)
- United States v. Sanya, 774 F.3d 812 (4th Cir. 2014) (plain-error review of Rule 11 when no objection made)
- United States v. Lambey, 974 F.2d 1389 (4th Cir. 1992) (en banc) (finality of valid guilty plea)
- United States v. McCoy, 804 F.3d 349 (4th Cir. 2015) (abuse-of-discretion standard for reasonableness review)
- Gall v. United States, 552 U.S. 38 (U.S. 2007) (procedural and substantive reasonableness standards)
- United States v. Louthian, 756 F.3d 295 (4th Cir. 2014) (presumption of reasonableness for within-Guidelines sentences)
- United States v. Galloway, 749 F.3d 238 (4th Cir. 2014) (when ineffective-assistance claims may be raised on direct appeal)
- United States v. Baptiste, 596 F.3d 214 (4th Cir. 2010) (ineffective-assistance claims ordinarily belong in § 2255 proceedings)