Appeal waiver bars sentencing challenge

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The 4th U.S. Circuit Court of Appeals upheld the defendant’s convictions for aiding and abetting interstate threatening communications and dismissed the remainder of his appeal after determining that a sentencing challenge was foreclosed by a valid appeal waiver.

The defendant pleaded guilty under a written agreement to five counts arising from threatening communications and received a 120-month sentence. On appeal, the defendant argued that his plea lacked an adequate factual basis and that his sentence was procedurally and substantively unreasonable. The Government asked the appellate court to dismiss the sentencing claims under the agreement’s appeal waiver.

The 4th Circuit found no plain error in the magistrate judge’s determination that the plea was supported by a sufficient factual basis. The court noted that the defendant did not dispute the validity of the waiver. After reviewing the Rule 11 colloquy, the panel concluded that the waiver was knowing, intelligent, and enforceable, emphasizing that a waiver is generally valid when the trial court confirms during the plea hearing that a defendant understands the rights being relinquished.

Because the defendant’s sentencing challenges fell within the scope of the waiver, the panel enforced it and dismissed that portion of the appeal. The court otherwise affirmed the convictions.

The 5-page opinion is United States v. Timothy Michael Dever, Lawyers Weekly No. 001-200-25.