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    United States v. Minor, 4th Cir. (2010)

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    1) Kevin Minor pled guilty to drug and gun charges. 2) He waived his right to appeal his sentence in his plea agreement. 3) The court dismissed the appeal of his sentence but affirmed his convictions, finding no reversible error in his guilty plea or sentencing.

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    United States v. Minor, 4th Cir. (2010)

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    Scribd Government Docs
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    1) Kevin Minor pled guilty to drug and gun charges. 2) He waived his right to appeal his sentence in his plea agreement. 3) The court dismissed the appeal of his sentence but affirmed his convictions, finding no reversible error in his guilty plea or sentencing.

    Original Description:

    Filed: 2010-12-20 Precedential Status: Non-Precedential Docket: 09-4878

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    1) Kevin Minor pled guilty to drug and gun charges. 2) He waived his right to appeal his sentence in his plea agreement. 3) The court dismissed the appeal of his sentence but affirmed his convictions, finding no reversible error in his guilty plea or sentencing.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    20 views3 pages

    United States v. Minor, 4th Cir. (2010)

    Uploaded by

    Scribd Government Docs
    1) Kevin Minor pled guilty to drug and gun charges. 2) He waived his right to appeal his sentence in his plea agreement. 3) The court dismissed the appeal of his sentence but affirmed his convictions, finding no reversible error in his guilty plea or sentencing.

    Copyright:

    Public Domain
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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-4878

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    KEVIN BERNARD MINOR,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt.
    Deborah K. Chasanow, District Judge.
    (8:06-cr-00028-DKC-2)

    Submitted:

    November 29, 2010

    Decided:

    December 20, 2010

    Before WILKINSON, NIEMEYER, and GREGORY, Circuit Judges.

    Dismissed in part; affirmed in part by unpublished per curiam


    opinion.

    Arthur S. Cheslock, Baltimore, Maryland, for Appellant. Barbara


    Suzanne Skalla, Assistant United States Attorney, Greenbelt,
    Maryland, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Kevin Bernard Minor pled guilty pursuant to a written
    plea

    agreement

    to

    conspiracy

    to

    distribute

    and

    possess

    with

    intent to distribute five kilograms or more of cocaine and fifty


    grams

    or

    more

    of

    cocaine

    possession of a firearm.

    base,

    and

    to

    being

    felon

    in

    Minor was sentenced to 138 months of

    imprisonment for the drug charge and to a concurrent term of ten


    years on the gun charge.

    On appeal, counsel has filed a brief

    pursuant to Anders v. California, 386 U.S. 738 (1967), asserting


    there are no meritorious grounds for appeal, but raising the
    following issues: (1) whether Minors guilty plea was adequate,
    and (2) whether Minor was properly sentenced.
    has filed a motion to dismiss.

    The Government

    For the reasons that follow, we

    dismiss in part and affirm in part.


    We agree with the Government that Minor knowingly and
    voluntarily waived his right to appeal his sentence in his plea
    agreement,

    except

    for

    conditions

    not

    extant

    in

    this

    appeal.

    United States v. Broughton-Jones, 71 F.3d 1143, 1146 (4th Cir.


    1995).

    This appeal waiver was specifically reviewed at Minors

    plea hearing, which generally complied with Fed. R. Crim. P. 11.


    United States v. General, 278 F.3d 389, 400 (4th Cir. 2002).
    Because

    Minor

    waived

    only

    his

    right

    to

    appeal

    his

    sentence,

    however, we grant only the Governments motion to dismiss the


    appeal of Minors sentence.
    2

    The issues raised in counsels Anders brief fail for


    the reasons previously discussed: Minors plea hearing contained
    no reversible error and Minor waived appellate review of his
    sentence.

    In

    accordance

    with

    Anders,

    we

    have

    reviewed

    the

    record in this case and have found no meritorious issues for


    appeal.

    We therefore affirm Minors convictions.

    This court

    requires that counsel inform Minor, in writing, of the right to


    petition

    the

    Supreme

    Court

    of

    the

    United

    States

    for

    further

    review.

    If Minor requests that a petition be filed, but counsel

    believes that such a petition would be frivolous, then counsel


    may

    move

    in

    representation.

    this

    court

    for

    leave

    to

    withdraw

    from

    Counsels motion must state that a copy thereof

    was served on Minor.


    We dispense with oral argument because the facts and
    legal
    before

    contentions
    the

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in
    aid

    the
    the

    materials
    decisional

    process.
    DISMISSED IN PART;
    AFFIRMED IN PART

    Despite notice, Minor has not filed a pro se supplemental

    brief.

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