US v. Aldair Hodza

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to dismiss appeal [999727695-3] Originating case number: 3:15-cr-00032-HEH-1 Copies to all parties and the district court/agency. [999835413]. Mailed to: Aldair Hodza UNITED STATES PENITENTIARY P. O. Box 24550 Tucson, AZ 85734-0000. [15-4520]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-4520

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
ALDAIR HODZA,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Henry E. Hudson, District
Judge. (3:15-cr-00032-HEH-1)

Submitted:

April 27, 2016

Decided:

May 27, 2016

Before NIEMEYER and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Matthew B. Kaplan, KAPLAN LAW FIRM, Arlington, Virginia, for
Appellant. Dominick Salvatore Gerace, II, Heather L. Hart,
Assistant United States Attorneys, Richmond, Virginia, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Aldair Hodza pled guilty in accordance with a written plea
agreement

to

(2012),

and

prostitution,

sex

trafficking

interstate
18

U.S.C.

by

force,

18

transportation
§ 2421

U.S.C.

of

(2012).

a

person

Hodza

aggregate sentence of 500 months in prison.

§ 1591(a)

received

for
an

He now appeals.

His attorney has filed a brief pursuant to Anders v. California,
386 U.S. 738 (1967), claiming that the sentence is unreasonable
but stating that there are no meritorious issues for appeal.
Hodza

has

issues.
a

filed

a

pro

se

supplemental

brief

raising

several

The United States moves to dismiss the appeal based on

waiver-of-appellate-rights

provision

Hodza has responded to the motion.

in

the

plea

agreement.

We dismiss the appeal.

In the plea agreement, Hodza waived his right to appeal his
convictions and sentence on any ground other than ineffective
assistance of counsel.

Upon review of the record, we conclude,

given

the

the

totality

of

valid and enforceable. *

circumstances,

that

the

waiver

is

We further find that Hodza’s claims that

*

In this regard, we note that the district court
substantially complied with Fed. R. Crim. P. 11, Hodza
represented at the Rule 11 hearing that he fully understood the
plea agreement, in which the waiver provision was set forth in a
separate paragraph, and Hodza was questioned about the waiver at
the Rule 11 proceeding.
Additionally, Hodza assured the court
that his plea was not the result of coercion or threats and that
he understood the provision in the plea agreement stating that,
although the parties would recommend a 35-year sentence pursuant
(Continued)
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he is innocent and his sentence is unreasonable fall within the
scope of the waiver.

See United States v. Blick, 408 F.3d 162,

168-69 (4th Cir. 2005).

Accordingly, we grant the motion to

dismiss the appeal.
Hodza
defense

did

not

counsel

waive
was

his

right

to

ineffective.

claim

Unless

on

appeal

an

that

attorney’s

ineffectiveness conclusively appears on the face of the record,
ineffective

assistance

direct appeal.
Cir. 2008).

claims

are

not

generally

addressed

on

United States v. Benton, 523 F.3d 424, 435 (4th

Instead, to allow for adequate development of the

record, the defendant should raise such a claim, if at all, in a
motion

brought

States

v.

Here,

pursuant

Baptiste,

ineffectiveness

to

596
of

28

F.3d

U.S.C.
214,

counsel

§ 2255

216
is

n.1

not

(2012).
(4th

United

Cir.

apparent

2010).

from

the

record, and we will not address this claim.
Pursuant to Anders, we have reviewed the entire record for
meritorious,

nonwaivable

issues

therefore dismiss the appeal.

and

have

found

none.

We

This court requires that counsel

to Fed. R. Crim. P. 11(c)(1)(B), the recommendation was not
binding on the court. There is nothing in the record that would
overcome these solemn assurances made in open court.
See
Blackledge v. Allison, 431 U.S. 63, 64 (1977).
Finally, the
record lends no credence to Hodza’s bald claim that his religion
or citizenship played any part whatsoever in the disposition of
this case.

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inform Hodza, in writing, of his right to petition the Supreme
Court of the United State for further review.

If Hodza requests

that such a petition be filed, but counsel believes that the
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 of the motion was served on Hodza.
dispense

with

oral

argument

because

the

facts

and

We

legal

contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
DISMISSED

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