US v. Anthony Marcantoni, No. 12-5044 (4th Cir. 2014)
Annotate this Case
Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-5044 UNITED STATES OF AMERICA, Plaintiff Appellee, v. ANTHONY J. MARCANTONI, a/k/a Mr. Purple, a/k/a The Italian, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Roger W. Titus, Senior District Judge. (8:10-cr-00777-RWT-15) Submitted: April 10, 2014 Decided: April 25, 2014 Before MOTZ, KING, and FLOYD, Circuit Judges. Affirmed by unpublished per curiam opinion. Robin M. Earnest, LAW OFFICE OF ROBIN EARNEST, Riverdale, Maryland, for Appellant. Mara Zusman Greenberg, Deborah A. Johnston, Assistant United States Attorneys, Greenbelt, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Anthony J. Marcantoni pleaded guilty to conspiracy to distribute and possess with intent to distribute marijuana, in violation of 21 U.S.C. § 846 (2012). The district sentenced Marcantoni to 121 months of imprisonment. filed a timely notice of appeal. court Marcantoni Five months later, Marcantoni filed a motion pursuant to 18 U.S.C. § 3504 (2012), to discover whether the Government had intercepted any communications between Marcantoni s counsel and counsel for his codefendants. The district court denied Marcantoni s motion and Marcantoni did not file a notice of appeal of that order. On appeal, Marcantoni argues that the district court erred in denying his motion. The Government has moved to dismiss the appeal based on the waiver of appellate rights contained in the plea agreement. For the reasons that follow, we affirm the judgment of the district court and deny as moot the motion to dismiss. Pursuant to a plea agreement, a defendant may waive his appellate rights under 18 U.S.C. § 3742 (2012). States v. Wiggins, 905 F.2d 51, 53 (4th Cir. 1990). United A waiver will preclude appeal of a specific issue if the waiver is valid and the States v. question issue is Blick, of within 408 whether F.3d a the scope 162, defendant 2 168 of the (4th validly waiver. Cir. waived United 2005). his right The to appeal is a question of law that this court reviews de novo. Id. at 168. Here, the appellate waiver included any appeal of the conviction U.S.C. and § 1291 sentence (2012), Guidelines range. and intelligently Marcantoni appeal. has not pursuant except a to 18 U.S.C. sentence § 3742 above the and 28 advisory While we conclude that Marcantoni knowingly agreed to waive challenged his his right conviction or to appeal, sentence on Rather, Marcantoni challenges only the district court s order denying his post-judgment motion pursuant to § 3504. As Marcantoni failed to file a notice of appeal of the district court s order denying his motion, however, that order is not before this court. Accordingly, we affirm Marcantoni s conviction and sentence, and deny as moot the Government s motion to dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. AFFIRMED 3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
