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    United States v. Jeter, 4th Cir. (2009)

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    1) A jury convicted Xzeria Damont Jeter of conspiracy to possess and distribute cocaine and cocaine base. He faced a mandatory minimum of 240 months in prison. 2) In exchange for waiving his appellate rights, the government withdrew an enhancement and Jeter received a significantly lower sentence of 121 months in prison. 3) Jeter now appeals, arguing the government failed to disclose evidence at trial in violation of Brady. However, the appellate court agrees with the government that Jeter knowingly and voluntarily waived his appellate rights, so they dismiss the appeal.

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    United States v. Jeter, 4th Cir. (2009)

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    1) A jury convicted Xzeria Damont Jeter of conspiracy to possess and distribute cocaine and cocaine base. He faced a mandatory minimum of 240 months in prison. 2) In exchange for waiving his appellate rights, the government withdrew an enhancement and Jeter received a significantly lower sentence of 121 months in prison. 3) Jeter now appeals, arguing the government failed to disclose evidence at trial in violation of Brady. However, the appellate court agrees with the government that Jeter knowingly and voluntarily waived his appellate rights, so they dismiss the appeal.

    Original Description:

    Filed: 2009-12-28 Precedential Status: Non-Precedential Docket: 09-4548

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    1) A jury convicted Xzeria Damont Jeter of conspiracy to possess and distribute cocaine and cocaine base. He faced a mandatory minimum of 240 months in prison. 2) In exchange for waiving his appellate rights, the government withdrew an enhancement and Jeter received a significantly lower sentence of 121 months in prison. 3) Jeter now appeals, arguing the government failed to disclose evidence at trial in violation of Brady. However, the appellate court agrees with the government that Jeter knowingly and voluntarily waived his appellate rights, so they dismiss the appeal.

    Copyright:

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    8 views3 pages

    United States v. Jeter, 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    1) A jury convicted Xzeria Damont Jeter of conspiracy to possess and distribute cocaine and cocaine base. He faced a mandatory minimum of 240 months in prison. 2) In exchange for waiving his appellate rights, the government withdrew an enhancement and Jeter received a significantly lower sentence of 121 months in prison. 3) Jeter now appeals, arguing the government failed to disclose evidence at trial in violation of Brady. However, the appellate court agrees with the government that Jeter knowingly and voluntarily waived his appellate rights, so they dismiss the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-4548

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    XZERIA DAMONT JETER, a/k/a D,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    South Carolina, at Spartanburg. Henry F. Floyd, District Judge.
    (7:07-cr-01467-HFF-25)

    Submitted:

    December 17, 2009

    Decided:

    December 28, 2009

    Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Bruce A. Byrholdt, CHAPMAN, BYRHOLDT & YON, LLP, Anderson, South


    Carolina, for Appellant. W. Walter Wilkins, III, United States
    Attorney, William J. Watkins, Jr., Assistant United States
    Attorney, Greenville, South Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    A jury convicted Xzeria Damont Jeter of conspiracy to
    possess with intent to distribute and to distribute cocaine and
    cocaine base, in violation of 21 U.S.C. 846 (2006).

    Based on

    the drug quantity found by the jury and an enhancement filed by


    the Government, Jeter faced a mandatory minimum sentence of 240
    months imprisonment.

    However, in exchange for Jeters waiver

    of his appellate rights, the Government withdrew the enhancement


    and Jeter consequently received a significantly lower sentence
    of 121 months imprisonment.

    Jeter now appeals, arguing that at

    trial the Government failed to disclose certain evidence, in


    violation of United States v. Brady, 373 U.S. 83 (1963).

    The

    Government responds that the appellate waiver should be enforced


    and this appeal dismissed.
    A

    defendant

    may

    We agree.
    waive

    the

    waiver is knowing and intelligent.


    492 F.3d 263, 270 (4th Cir. 2007).

    right

    to

    appeal

    if

    that

    United States v. Poindexter,


    Generally, if the district

    court fully questions a defendant regarding the waiver of his


    right

    to

    appeal,

    the

    waiver

    is

    both

    valid

    and

    enforceable.

    United States v. Johnson, 410 F.3d 137, 151 (4th Cir. 2005);
    United States v. Wessells, 936 F.2d 165, 167-68 (4th Cir. 1991).
    The question of whether a defendant validly waived his right to

    appeal is a question of law that we review de novo.

    United

    States v. Blick, 408 F.3d 162, 168 (4th Cir. 2005).


    Our review of the record leads us to conclude that
    Jeter

    knowingly

    and

    voluntarily

    waived

    his

    right

    to

    appeal.

    Because Jeters valid and enforceable waiver of appellate rights


    precludes review of his conviction issue, we dismiss the appeal.
    We

    dispense

    with

    oral

    argument

    because

    the

    facts

    and

    legal

    contentions are adequately presented in the materials before the


    court and argument would not aid the decisional process.

    DISMISSED

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