US v. Chrissy May, No. 11-4733 (4th Cir. 2011)
Annotate this CaseCourt Description: Unpublished opinion after submission on briefs: Affirmed in part, dismissed in part
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-4733 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHRISSY A. MAY, Defendant - Appellant. Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Thomas E. Johnston, District Judge. (2:10-cr-00161-1) Submitted: December 13, 2011 Before NIEMEYER and Senior Circuit Judge. GREGORY, Decided: Circuit December 23, 2011 Judges, and HAMILTON, Affirmed in part; dismissed in part by unpublished per curiam opinion. Jacqueline A. Hallinan, HALLINAN LAW OFFICES, PLLC, Charleston, West Virginia, for Appellant. Joshua Clarke Hanks, Assistant United States Attorney, Huntington, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Chrissy A. May appeals from her eighty-seven-month sentence entered pursuant to her guilty plea to one count of conspiracy to distribute oxycodone, in violation of 21 U.S.C. ยง 846 (2006). Counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), concluding that there are no meritorious should have Government. grounds for received appeal, a but lower questioning sentence May assisting for whether the The Government filed a motion to dismiss the appeal on the basis of the appellate waiver contained in May s plea agreement. Although informed of her right to file a pro se supplemental brief, May has not filed one. A defendant may waive the waiver is knowing and intelligent. record supports the to appeal if that United States v. Poindexter, 492 F.3d 263, 270 (4th Cir. 2007). the right Our independent review of conclusion that May knowingly intelligently waived her right to appeal her sentence. and Because we conclude that the waiver is valid and enforceable as to May s challenge to her sentence, we grant the Government s motion to dismiss in encompass a part. The challenge to language the of May s validity of waiver her does guilty not plea. Therefore, we deny the motion to dismiss as to May s conviction. However, our review of the record convinces us that May s plea 2 was knowing and voluntary. Accordingly, we affirm May s conviction. In accordance with Anders, we have reviewed the record in this case and have found no meritorious issues for appeal outside the scope of the waiver. This court requires that counsel inform her client, in writing, of her right to petition the Supreme Court of the United States for further review. the client requests that a petition be filed, but If counsel believes that such a petition would be frivolous, then counsel may move in representation. was served on this court for leave to withdraw from Counsel s motion must state that a copy thereof the client. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED IN PART; DISMISSED IN PART 3
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