United States v. Wossen Assaye, 675 F. App'x 252

Defendant Wossen Assaye pled guilty pursuant to a plea agreement to two counts of using, carrying, and brandishing a firearm during and in relation to a crime of violence under 18 U.S.C. § 924(c).
The plea agreement contained an appellate-waiver provision.
The district court imposed the mandatory minimum combined sentence of 32 years’ imprisonment.
After pleading, Assaye moved (characterized as converting sentencing to a status hearing) seeking to withdraw his plea and to replace his court-appointed counsel.
The district court denied both requests; Assaye appealed. The government moved to dismiss based on the appellate waiver, but the court reviewed the claims as falling within exceptions to waiver.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether plea withdrawal should be allowed pre-sentencing	Assaye argued his plea was not knowing/voluntary and counsel gave erroneous advice supporting withdrawal	Government argued plea was knowing/voluntary, facts supported guilt, delay and prejudice weighed against withdrawal	Denied — district court did not abuse discretion; plea was knowing/voluntary and other Moore/Nicholson factors favored denial
Whether court erred by denying appointment of new counsel	Assaye contended breakdown with counsel warranted replacement	Government argued inquiry and record showed no total breakdown preventing adequate defense	Denied — no abuse of discretion under Horton factors
Whether appellate waiver bars these appeals	Government urged enforcement of appellate-waiver in plea agreement	Assaye argued exceptions apply (e.g., claims of ineffective assistance or challenge to plea validity)	Waiver knowingly executed, but court reviewed because issues fall within narrow exceptions to waiver (errors that automatically escape waiver)
Whether an evidentiary hearing was required on plea-withdrawal motion	Assaye sought evidentiary hearing to develop claims	Government opposed as unnecessary given record and plea colloquy	Denied — court did not abuse discretion in declining hearing (Moore)

United States v. Copeland, 707 F.3d 522 (4th Cir. 2013) (lists errors that fall outside appellate-waiver scope)
United States v. Attar, 38 F.3d 727 (4th Cir. 1994) (appeal waiver does not bar review when motion to withdraw plea incorporates colorable ineffective-assistance claim)
United States v. Nicholson, 676 F.3d 376 (4th Cir. 2012) (six-factor test for pre-sentencing plea-withdrawal motions)
United States v. Horton, 693 F.3d 463 (4th Cir. 2012) (factors for evaluating motions to replace court-appointed counsel)
United States v. Moore, 931 F.2d 245 (4th Cir. 1991) (standard on whether evidentiary hearing is required on plea-withdrawal motions)
United States v. Penniegraft, 641 F.3d 566 (4th Cir. 2011) (permitting counsel-filed merits brief can preclude submission of supplemental pro se brief)