US v. Craig Lewis Shaw

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to dismiss appeal [999646150-2]; denying Motion to withdraw/relieve/substitute counsel [999643198-2] Originating case number: 5:14-cr-00181-F-1 Copies to all parties and the district court/agency. [999702267].. [15-4266]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-4266

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CRAIG LEWIS SHAW, a/k/a Large,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Fox, Senior
District Judge. (5:14-cr-00181-F-1)

Submitted:

November 17, 2015

Decided:

November 19, 2015

Before SHEDD, DUNCAN, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Thomas P. McNamara, Federal Public Defender, Eric J. Brignac,
Assistant Federal Public Defender, 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Unpublished opinions are not binding precedent in this circuit.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:
Craig

Lewis

Shaw

appeals

his

convictions,

and

87-month

concurrent sentences, for possession with intent to distribute
28 grams or more of cocaine base (crack), a quantity of cocaine,
and

a

quantity

of

marijuana

(Count

1),

firearm by convicted a felon (Count 3).

and

possession

of

a

On appeal, counsel for

Shaw filed a brief pursuant to Anders v. California, 386 U.S.
738 (1967), asserting that there are no meritorious issues for
appeal and acknowledging Shaw’s waiver of appellate rights but
questioning

whether

substantively

the

reasonable.

district
Shaw

court’s

has

not

sentence

filed

a

pro

supplemental brief despite notice of his right to do so.

was
se
The

Government has moved to dismiss the appeal as barred by the
appellate waiver included in Shaw’s plea agreement.
Pursuant to a plea agreement, a defendant may waive his
appellate rights under 18 U.S.C. § 3742 (2012).

United States

v. Archie, 771 F.3d 217, 221 (4th Cir. 2014), cert. denied, 135
S. Ct. 1579 (2015).

A waiver will preclude an appeal of “a

specific issue if . . . the waiver is valid and the issue being
appealed is within the scope of the waiver.”
waiver

is

valid

intelligently.”
(4th Cir. 2010).

if

he

agreed

to

it

Id.

A defendant’s

“knowingly

and

United States v. Manigan, 592 F.3d 621, 627
Whether a defendant validly waived his right

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

United

States v. Copeland, 707 F.3d 522, 528 (4th Cir. 2013).
Upon review of the plea agreement and the transcript of the
Fed. R. Crim. P. 11 hearing, we conclude that Shaw knowingly and
voluntarily
sentence.

waived

his

right

to

appeal

his

conviction

and

The sentencing claim raised on appeal clearly falls

within the scope of this broad waiver.

Therefore, we grant the

motion to dismiss and dismiss Shaw’s appeal.

We have reviewed

the entire record in accordance with Anders and have found no
meritorious issues for appeal outside the scope of the waiver.
We also deny Shaw’s motion to relieve his counsel.
This court requires that counsel inform Shaw, in writing,
of the right to petition the Supreme Court of the United States
for further review.

If Shaw 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 Shaw.
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

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