US v. Dennis Fairfax, No. 14-4359 (4th Cir. 2015)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-4359 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DENNIS RAY FAIRFAX, Defendant - Appellant.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. (7:13-cr-00058-D-1) Submitted: December 19, 2014 Decided: January 6, 2015 Before WYNN and DIAZ, Circuit Judges, and DAVIS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Thomas P. McNamara, Federal Public Defender, Eric J. Brignac, Assistant Federal Public Defender, Raleigh, 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 Unpublished opinions are not binding precedent in this circuit.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: Dennis Ray Fairfax pleaded guilty, pursuant to a written plea agreement, to possession of a firearm by a felon, 18 U.S.C. §§ 922(g)(1) and 924 (2012). The district court sentenced him to ninety-six months’ imprisonment, the top of the advisory U.S. Sentencing Guidelines range. On appeal, counsel for Fairfax has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), stating that there are no questioning the substantive sentence. meritorious grounds for reasonableness appeal, of but Fairfax’s The Government has moved to dismiss the appeal based on the appellate waiver provision in Fairfax’s plea agreement. After review of the record, we grant the Government’s motion and dismiss the appeal. We review de novo the validity of an appeal waiver. United States v. Copeland, 707 F.3d 522, 528 (4th Cir.), cert. denied, 134 S. Ct. 126 (2013). “We generally will enforce a waiver . . . if the record establishes that the waiver is valid and that the issue being appealed is within the scope of the waiver.” United States v. Thornsbury, 670 F.3d 532, 537 (4th Cir. 2012) (internal quotation marks and alteration omitted). A defendant’s waiver is valid if he agreed to it “knowingly and intelligently.” United States v. Manigan, 592 F.3d 621, 627 (4th Cir. 2010). 2 Our knowingly review and of the voluntarily record waived confirms the right that to Fairfax appeal his conviction and his sentence, reserving only the right to appeal a sentence in sentencing. sentence, The and obligations excess of the district we have under meritorious issues. Guidelines court examined Anders and range imposed the a record have established at within-Guidelines in discerned light no of our unwaived Therefore, we grant the Government’s motion to dismiss. This court requires that counsel inform Fairfax, in writing, of the right to petition United States for further review. the Supreme Court of the If Fairfax 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 Fairfax. We dispense with oral argument because the facts and legal before contentions this court are adequately and argument presented will not in aid the the material decisional process. DISMISSED 3
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