UNITED STATES v. HUCKABEE (2018)

Christopher Lee Huckabee pleaded guilty, pursuant to a written plea agreement, to conspiring to manufacture methamphetamine, in violation of 21 U.S.C. §§ 846, 841(b)(1)(C) (2012). The district court sentenced Huckabee to 230 months’ imprisonment, followed by ten years of supervised release. On appeal, Huckabee’s counsel has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), certifying that no meritorious grounds exist for appeal but questioning whether the district court adequately considered all of the 18 U.S.C. § 3553(a) (2012) factors in determining Huckabee’s sentence. The Government has moved to dismiss the appeal based on the appeal waiver in Huckabee’s plea agreement. Huckabee has received notice of the right to file a pro se supplemental brief and, through counsel, has filed a response to the motion to dismiss acknowledging the appeal waiver.

We conclude that Huckabee’s appeal waiver is valid because he entered it knowingly and intelligently. See United States v. Thornsbury, 670 F.3d 532, 537 (4th Cir. 2012). Huckabee waived the right to appeal his conviction and any sentence below the 240-month statutory maximum, except in cases of ineffective assistance of counsel, prosecutorial misconduct, or a sentence based on an unconstitutional factor. Accordingly, we grant the Government’s motion to dismiss and dismiss the appeal as to any issues within the compass of the waiver. See United States v. Poindexter, 492 F.3d 263, 270 (4th Cir. 2007). We also conclude that the record does not support any claims that cannot be waived by plea agreement. See, e.g., United States v. Copeland, 707 F.3d 522, 530 (4th Cir. 2013); United States v. Attar, 38 F.3d 727, 732-33 & n.2 (4th Cir. 1994).

In accordance with Anders, we have reviewed the entire record in this case and have found no meritorious issues for appeal. We therefore dismiss the appeal in part and affirm the district court’s judgment as to any issue not precluded by the appeal waiver. This court requires that counsel inform Huckabee, in writing, of the right to petition the Supreme Court of the United States for further review. If Huckabee 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 Huckabee. 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.

DISMISSED IN PART; AFFIRMED IN PART

PER CURIAM:

Dismissed in part and affirmed in part by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.