US v. Dontay Wells, No. 14-4333 (4th Cir. 2014)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-4333 UNITED STATES OF AMERICA, Plaintiff Appellee, v. DONTAY MARKEITH WELLS, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Anderson. Timothy M. Cain, District Judge. (8:12-cr-00544-TMC-1) Submitted: August 26, 2014 Decided: September 3, 2014 Before MOTZ and WYNN, Circuit Judges, and DAVIS, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. David W. Plowden, Assistant Federal Public Defender, Greenville, South Carolina, for Appellant. Elizabeth Jean Howard, Assistant United States Attorney, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Dontay Markeith Wells pleaded nolo contendere to assaulting a federal correctional officer, in violation of 18 U.S.C.A. ยง 111(a) (West 2012 & Supp. 2014). sentenced Wells appeals. Appellate counsel filed a brief pursuant to Anders v. California, to 386 thirty U.S. days 738 of The district court (1967), imprisonment and questioning he whether now the district court erred in failing to rule on Wells pro se motions filed prior to his entering his plea to the charge. Wells has filed a pro se supplemental brief raising additional issues. * Finding no error, we affirm. When a defendant pleads guilty, he waives all nonjurisdictional defects in the proceedings conducted prior to entry of the plea. 279 (4th omitted). Cir. United States v. Moussaoui, 591 F.3d 263, 2010) Thus, non-jurisdictional the (internal quotation defendant ground upon who which has to marks and pled guilty attack that citation has no judgment except the inadequacy of the plea, . . . or the government's power to bring any indictment at all. Id. (internal quotation marks and citations omitted); see also Tollett v. Henderson, 411 U.S. 258, 267 (1973) (holding * valid guilty plea We have reviewed the issues raised in supplemental brief and conclude they lack merit. 2 waives Wells pro any se challenge to indicting grand jury). and conclude Therefore, that Wells Wells has plea waived We have reviewed the record was the knowing right and to intelligent. challenge any non-jurisdictional defects occurring prior to his plea. We have examined the entire record in accordance with the requirements of Anders and have found no meritorious issues for appeal. Accordingly, we affirm the judgment of the district court. This writing, of court the requires right to that petition United States for further review. counsel the inform Supreme Wells, Court of in the If Wells 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 Wells. We dispense with oral legal contentions are before this and argument adequately because presented in the the facts and materials court argument would not aid in the decisional process. AFFIRMED 3
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