US v. Michael Woodard, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to dismiss appeal [998646818-2] Originating case number: 5:10-cr-00191-BO-1 Copies to all parties and the district court/agency. [998702446].. [11-4373]

Appeal: 11-4373

Document: 28

Date Filed: 10/18/2011

Page: 1 of 4

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-4373

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
MICHAEL LEONARD WOODARD, JR.,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (5:10-cr-00191-BO-1)

Submitted:

September 21, 2011

Decided:

October 18, 2011

Before WILKINSON, NIEMEYER, and KING, Circuit Judges.

Affirmed in part; dismissed in part by unpublished per curiam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

Thomas P. McNamara, Federal Public Defender, G. Alan DuBois,
Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC
DEFENDER, Raleigh, North Carolina, for Appellant. Jennifer P.
May-Parker, Assistant United States Attorney, OFFICE OF THE
UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Michael
possession

with

Leonard
intent

Woodard,

to

Jr.,

distribute

pleaded

marijuana

guilty

and

MDMA,

to
in

violation of 21 U.S.C. § 841(a) (2006), and possession of a
firearm

in

furtherance

of

a

drug

trafficking

violation of 18 U.S. C. § 924(c) (2006).

offense,

in

The district court

sentenced Woodard to a total of 180 months of imprisonment and
he now appeals.

His attorney has filed a brief pursuant to

Anders v. California, 386 U.S. 738 (1967), raising a sentencing
issue

but

appeal.

stating

that

there

are

no

meritorious

issues

for

Woodard was informed of his right to file a pro se

supplemental brief, but did not do so.

The Government has filed

a motion to dismiss Woodard’s appeal based on Woodard’s waiver
of his right to appeal in his plea agreement.

For the reasons

that follow, we dismiss the appeal of Woodard’s sentence and
affirm his conviction.
A defendant may, in a valid plea agreement, waive the
right to appeal under 18 U.S.C. § 3742 (2006).
Wiggins, 905 F.2d 51, 53 (4th Cir. 1990).

United States v.

This court reviews

the validity of an appellate waiver de novo, and will enforce
the waiver if it is valid and the issue appealed is within the
scope thereof.

United States v. Blick, 408 F.3d 162, 168 (4th

Cir. 2005).

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An appeal waiver is valid if the defendant knowingly
and

intelligently

determine

whether

agreed
a

to

waiver

the
is

waiver.

knowing

Id.

and

at

169.

To

intelligent,

this

court examines “the totality of the circumstances, including the
experience and conduct of the accused, as well as the accused’s
educational background and familiarity with the terms of the
United States v. General, 278 F.3d 389, 400

plea agreement.”

(4th Cir. 2002) (internal quotation marks and citation omitted).
Generally, if the district court fully questions a defendant
regarding the waiver of his right to appeal during the Fed. R.
Crim. P. 11 colloquy, 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).
We have thoroughly reviewed the record and conclude that Woodard
knowingly and intelligently entered into the plea agreement and
that the agreement waived Woodard’s right to appeal his sentence
under the circumstances presented.
Accordingly, because we conclude the appellate waiver
was

valid

and

bars

Woodard

from

appealing

his

180-month

sentence, we grant the Government’s motion to dismiss the appeal
to the extent it seeks appellate review of Woodard’s sentence.
We

have

examined

the

entire

record

in

accordance

with

the

requirements of Anders and have found no meritorious issues for
appeal.

We therefore affirm Woodard’s conviction.
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This court requires that counsel inform Woodard, in
writing,

of

the

right

to

petition

United States for further review.

the

Supreme

Court

of

the

If Woodard requests that a

petition be filed, but counsel believes that such a petition
would be frivolous, then counsel may move in this court for
leave to withdraw from representation.

Counsel’s motion must

state that a copy thereof was served on Woodard.

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

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