US v. Darrell Travi
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to dismiss appeal [999916036-2] Originating case number: 7:14-cr-00104-FL-1 Copies to all parties and the district court/agency. .. [16-4111]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. Louise W. Flanagan,
District Judge. (7:14-cr-00104-FL-1)
December 14, 2016
December 21, 2016
Before DUNCAN, AGEE, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Peter Wood, LAW OFFICE OF PETER WOOD, Raleigh, North Carolina,
Jennifer P. May-Parker, Assistant United States
Attorney, Kristine L. Fritz, OFFICE OF THE UNITED STATES
ATTORNEY, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Darrell Travis pled guilty pursuant to a written agreement
to possession of a firearm and ammunition while under a domestic
§§ 922(g)(8), 924 (2012).
The district court sentenced Travis
within the Sentencing Guidelines range to a term of 57 months’
On appeal, Travis challenges the calculation of
appellate waiver provision of Travis’ plea agreement.
“It is well settled that a criminal defendant may waive the
Archie, 771 F.3d 217, 221 (4th Cir. 2014), cert. denied, 135
S. Ct. 1579 (2015).
This court “will enforce the waiver if it
is valid and the issue appealed is within the scope of the
United States v. Copeland, 707 F.3d 522, 528 (4th Cir.
contest the validity of the appeal waiver.
arguments against enforcement of the waiver.
We conclude that
establishment of the Guidelines range of imprisonment — falls
squarely within the scope of the waiver.
Accordingly, we grant
the Government’s motion and dismiss Travis’ appeal.
with oral argument because the facts and legal contentions are
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argument would not aid the decisional process.
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