US v. Darrell Travi

Filing

UNPUBLISHED PER CURIAM OPINION filed.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. [999991858].. [16-4111]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-4111

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DARRELL TRAVIS,
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)

Submitted:

December 14, 2016

Decided:

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Dismissed by unpublished per curiam opinion.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,
for Appellant.
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Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Darrell Travis pled guilty pursuant to a written agreement
to possession of a firearm and ammunition while under a domestic
violence

protection

order,

§§ 922(g)(8), 924 (2012).

in

violation

of

18

U.S.C.

The district court sentenced Travis

within the Sentencing Guidelines range to a term of 57 months’
imprisonment.
his

On appeal, Travis challenges the calculation of

Guidelines

range.

The

Government

seeks

to

enforce

the

appellate waiver provision of Travis’ plea agreement.
“It is well settled that a criminal defendant may waive the
statutory

right

to

appeal

his

sentence.”

United

States

v.

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
waiver.”
2013)

United States v. Copeland, 707 F.3d 522, 528 (4th Cir.

(internal

quotation

marks

omitted).

Travis

does

not

contest the validity of the appeal waiver.
We

have

reviewed

the

record

and

considered

arguments against enforcement of the waiver.
the

waiver

is

enforceable

and

that

the

Travis’

We conclude that

issue

on

appeal

—

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.

We dispense

with oral argument because the facts and legal contentions are
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adequately

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presented

in

the

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materials

before

this

court

and

argument would not aid the decisional process.
DISMISSED

3