US v. Titus Grady, No. 13-4562 (4th Cir. 2014)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4562 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TITUS TERRELL GRADY, a/k/a Hell Rell, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Dever III, Chief District Judge. (7:12-cr-00127-D-1) Submitted: January 27, 2014 Decided: January 31, 2014 Before DUNCAN, DAVIS, and DIAZ, Circuit Judges. Dismissed in part; affirmed in part by unpublished per curiam opinion. Marilyn G. Ozer, MASSENGALE & OZER, Chapel Hill, North Carolina, for Appellant. Jennifer P. May-Parker, Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Titus Terrell Grady pleaded guilty, pursuant to a written plea agreement, to conspiracy to distribute and possess with intent violation to of distribute 21 U.S.C. 100 grams ยง 846 or of The (2012). more heroin, district in court calculated Grady s Guidelines range under the U.S. Sentencing Guidelines Manual (2012) at 262 to 327 months imprisonment and sentenced Grady to 312 months imprisonment. counsel has 386 U.S. issues filed 738 for a brief (1967), appeal, stating but sentence is reasonable. appeal of Grady s pursuant to that Anders there questioning On appeal, Grady s are v. California, no meritorious whether the 312-month The Government has moved to dismiss the sentence based on the rights included in the plea agreement. waiver of appellate We dismiss in part and affirm in part. A defendant may waive the waiver is knowing and intelligent. right to appeal if that United States v. Poindexter, 492 F.3d 263, 270 (4th Cir. 2007). Generally, if the district court fully questions a defendant regarding the waiver of his right to appeal during a plea colloquy performed in accordance with Fed. enforceable. R. Crim. United (4th Cir. 2005). P. 11, States the v. waiver Johnson, is 410 both F.3d valid and 137, 151 Whether a defendant validly waived his right 2 to appeal is a question of law that this court reviews de novo. United States v. Blick, 408 F.3d 162, 168 (4th Cir. 2005). Our review of the record leads us to conclude that Grady knowingly and voluntarily waived the right to appeal his 312-month sentence. We therefore grant the Government s motion to dismiss and dismiss the appeal of Grady s sentence. Grady s appeal review, the waiver waiver insulates does not his sentence prohibit conviction pursuant to Anders. our Although from appellate review of his In accordance with Anders, we have reviewed the remainder of the record in this case and have found no meritorious issues for appeal. We therefore affirm Grady s conviction and dismiss the appeal of his sentence. This writing, of court the requires right to that petition United States for further review. counsel the inform Supreme Grady, Court of in the If Grady requests that a petition be filed, but counsel believes that such a petition would be frivolous, then counsel may move in this court for leave to withdraw from representation. Counsel s motion must state that a copy thereof was served on Grady. We dispense with oral argument because the facts and legal contentions are adequately 3 presented in the materials before this court and argument would not aid the decisional process. DISMISSED IN PART; AFFIRMED IN PART 4
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