US v. Christopher Patterson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting in part and denying in part Motion to dismiss appeal [998580594-2]. Originating case number: 1:09-cr-00054-TDS-1. Copies to all parties and the district court/agency. [998658978]. [10-5141]

Appeal: 10-5141

Document: 38

Date Filed: 08/19/2011

Page: 1 of 5

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 10-5141

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CHRISTOPHER O’NEAL PATTERSON,
Defendant - Appellant.

Appeal from the United States District
District of North Carolina, at Durham.
District Judge. (1:09-cr-00054-TDS-1)

Submitted:

August 17, 2011

Court for the Middle
Thomas D. Schroeder,

Decided:

August 19, 2011

Before KING and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Affirmed in part; dismissed in part by unpublished per curiam
opinion.

James E. Quander, Jr., QUANDER & RUBAIN, P.A., Winston-Salem,
North Carolina, for Appellant. Angela Hewlett Miller, Assistant
United
States
Attorney,
Greensboro,
North
Carolina,
for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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Date Filed: 08/19/2011

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PER CURIAM:
Christopher

O’Neal

Patterson

appeals

his

744-month

sentence and convictions, following his guilty plea, of (1) one
count of interference with commerce by robbery, in violation of
18 U.S.C. §§ 2, 1951(a) (2006); (2) one count of carry and use
of a firearm during and in relation to a crime of violence, in
violation

of

18

U.S.C.

§§

2,

924(c)(1)(A)(iii),

(c)(1)(C)(i)

(2006); (3) one count of armed bank robbery, in violation of 18
U.S.C. §§ 2, 2113(a) (2006); and (4) one count of carry and use
of a firearm during and in relation to a crime of violence
causing

death,

in

924(c)(1)(a)(iii),

violation

(c)(1)(C)(i),

of

18

U.S.C.

924(j)(1).

On

§§

2,

appeal,

Patterson’s attorney has filed a brief pursuant to Anders v.
California, 386 U.S. 738 (1967), asserting that there are no
meritorious

grounds

for

appeal,

but

questioning

district court imposed an unreasonable sentence.

whether

the

Patterson was

informed of his right to file a pro se supplemental brief but
has not done so.

The Government has filed a motion to dismiss

the appeal on the basis of the appellate waiver provision in
Patterson’s plea agreement.
A defendant may, in a valid plea agreement, waive the
right to appeal under 18 U.S.C. § 3742 (2006).
Manigan, 592 F.3d 621, 627 (4th Cir. 2010).

United States v.
We review the

validity of an appellate waiver de novo, and we will uphold a
2

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waiver of appellate rights if the waiver is valid and the issue
being

appealed

is

covered

by

the

waiver.

United

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

States

v.

An appellate waiver

is valid if the defendant’s agreement to the waiver was knowing
and intelligent.
knowing

and

Id. at 169.

intelligent,

circumstances,

including

To determine whether a waiver is

we
the

examine

“the

experience

totality

of

the

conduct

of

the

and

accused, as well as the accused’s educational background and
familiarity

with

the

terms

of

the

plea

agreement.”

United

States v. General, 278 F.3d 389, 400 (4th Cir. 2002) (internal
quotation marks and citation omitted).
court

fully

questions

a

defendant

Generally, if a district
regarding

the

waiver

of

appellate rights during the Fed. R. Crim. P. 11 colloquy, and
the

record

significance

indicates
of

the

that

the

waiver

defendant

and

was

understood

not

assistance of counsel, the waiver is valid.

denied

the

full

effective

United States v.

Johnson, 410 F.3d 137, 151 (4th Cir. 2005).
A review of the Rule 11 hearing transcript confirms
that Patterson knowingly and intelligently waived his right to
appeal.

In his plea agreement, Patterson explicitly waived the

right to challenge his sentence on appeal, reserving only the
right to appeal based upon grounds of ineffective assistance of
counsel, prosecutorial misconduct, a sentence in excess of the
statutory maximum, and a sentence based on an unconstitutional
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factor.

Date Filed: 08/19/2011

Page: 4 of 5

Patterson confirmed at his Rule 11 hearing that he read

and understood the plea agreement.

The district court conducted

the colloquy required under Rule 11, ensuring that Patterson
understood
Patterson

the
was

charges

and

competent

to

potential
enter

penalties,
plea.

the

and

therefore

We

that

conclude that Patterson knowingly and intelligently waived the
right

to

appeal

his

sentence.

Because

Patterson

explicitly

challenges only his sentence on appeal, and we further conclude
that Patterson’s appeal falls squarely within the scope of the
waiver provision of Patterson’s plea agreement, we grant the
motion to dismiss as to Patterson’s sentence.
The

waiver

provision,

however,

did

Patterson’s right to appeal his convictions.

not

waive

Defense counsel

does not assert any errors related to Patterson’s guilty plea or
convictions,

but

the

waiver

provision

does

not

review of his convictions pursuant to Anders.

preclude

our

In accordance

with Anders, we have thoroughly examined the entire record for
any potentially meritorious issues not covered by the waiver and
have found none.

Accordingly, we deny the Government’s motion

to dismiss as to Patterson’s convictions, and we affirm those
convictions.
In sum, the Government’s motion to dismiss is granted
in part and denied in part, Patterson’s appeal of his sentence
is

dismissed,

and

his

convictions
4

are

affirmed.

This

court

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requires that counsel inform Patterson, in writing, of his right
to petition the Supreme Court of the United States for further
review.

If Patterson requests that a petition be filed, but

counsel believes that such a petition would be frivolous, then
counsel

may

move

representation.

in

this

court

for

leave

to

withdraw

from

Counsel’s motion must state that a copy thereof

was served on Patterson.

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.
AFFIRMED IN PART;
DISMISSED IN PART

5