US v. Ernest Wright

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to dismiss appeal in part [999412226-2] Originating case number: 4:12-cr-00126-FL-1 Copies to all parties and the district court/agency. [999460980].. [14-4322]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-4322

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ERNEST JOSHON WRIGHT,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville. Louise W. Flanagan,
District Judge. (4:12-cr-00126-FL-1)

Submitted:

October 21, 2014

Decided:

October 23, 2014

Before SHEDD, DUNCAN, and FLOYD, Circuit Judges.

Dismissed in part and affirmed in part by unpublished per curiam
opinion.

John Keating Wiles, CHESHIRE, PARKER, SCHNEIDER & BRYAN, PLLC,
Raleigh, North Carolina, for Appellant. Jennifer P. May-Parker,
Assistant United States Attorney, Raleigh, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Ernest

Joshon

Wright

appeals

his

conviction

and

sentence for conspiracy to distribute and possess with intent to
distribute

cocaine,

oxycodone,

methadone,

and

marijuana,

in

violation of 21 U.S.C. § 846 (2012), and possession of a firearm
by

a

convicted

(2012).

felon,

in

violation

of

18

U.S.C.

§ 922(g)(1)

Wright pled guilty pursuant to a written plea agreement

and was sentenced to seventy-eight months’ imprisonment.

On

appeal, counsel for Wright has filed a brief pursuant to Anders
v. California, 386 U.S. 738 (1967), asserting that there are no
meritorious

issues

for

appeal

but

questioning

whether

the

district court erred in finding at sentencing that Wright is a
“very dangerous person.”
brief

alleging

Wright has filed a pro se supplemental

ineffective

prosecutorial misconduct.
the

appeal

as

barred

by

assistance

of

trial

counsel

and

The government has moved to dismiss
the

appellate

waiver

included

in

Wright’s plea agreement.
We review de novo the validity of an appeal waiver.
United States v. Copeland, 707 F.3d 522, 528 (4th Cir.), cert.
denied, 134 S. Ct. 126 (2013).

We generally will enforce a

waiver “if the record establishes that the waiver is valid and
that

the

waiver.”

issue

being

appealed

is

within

the

scope

of

the

United States v. Thornsbury, 670 F.3d 532, 537 (4th

Cir. 2012) (internal quotation marks omitted).
2

A defendant’s

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waiver

is

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valid

intelligently.”

if

he

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agreed

to

it

“knowingly

and

United States v. Manigan, 592 F.3d 621, 627

(4th Cir. 2010).
Upon review of the plea agreement and the transcript
of the Fed. R. Crim. P. 11 hearing, we conclude that Wright
knowingly

and

conviction

voluntarily

and

sentence,

waived
with

his

certain

right

to

appeal

specified

his

exceptions.

Because the government seeks to enforce this valid waiver, we
grant the motion to dismiss in part and dismiss Wright’s appeal
as to the sentencing claim raised in the Anders brief, which is
clearly within the waiver’s scope.
We

decline

to

consider

Wright’s

pro

se

claim

of

ineffective assistance of counsel because the record does not
conclusively

establish

representation.
(4th

Cir.

2008)

any

deficiencies

in

counsel’s

See United States v. Benton, 523 F.3d 424, 435
(providing

standard).

Such

challenges

to

counsel’s performance are not cognizable on direct appeal and
must be pursued, if at all, in a proceeding for postconviction
relief.

United States v. Baptiste, 596 F.3d 214, 216 n.1 (4th

Cir. 2010).
We have reviewed Wright’s remaining pro se claim and
the entire record in accordance with Anders and have found no
meritorious issues for appeal outside the scope of the waiver.
We

therefore

affirm

the

district
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court’s

judgment

as

to

all

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issues not encompassed by Wright’s broad waiver of appellate
rights.
This
writing,

of

court

the

requires

right

to

that

petition

United States for further review.

counsel
the

inform

Supreme

Wright,

Court

of

in
the

If Wright 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 Wright.

We dispense

with oral argument because the facts and legal contentions are
adequately

presented

in

the

materials

before

this

court

and

argument would not aid the decisional process.

DISMISSED IN PART;
AFFIRMED IN PART

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