United States Fourth Circuit

District court's sentencing and conviction of defendant for drug related crimes is affirmed where: 1) an appellate waiver will not be enforced where a district court has advised a defendant that, contrary to the plea agreement, he is entitled to appeal his sentence, as the defendant can hardly be said to have knowingly waived his right of appeal; and 2) the district court did not err in increasing the offense level because the PSR recitation circumstantially supports the district court's application of a weapon enhancement and because defendant failed to show that it was clearly improbable for the handguns to be connected to the common scheme or plan surrounding his drug activities.

Appellate Information

• Argued 10/30/2009
• Decided 01/26/2010
• Published 01/26/2010

Judges

• Before MICHAEL, KING, and AGEE, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Joseph Bradley Bennett, Salvini & Bennett, LLC, Greenville, South Carolina, for Appellant. William J. Watkins, Jr., Office of the United States Attorney, Greenville, South Carolina, for Appellee. ON BRIEF:Jessica Salvini, Salvini & Bennett, LLC, Greenville, South Carolina, for Appellant. W. Walter Wilkins, United States Attorney, Columbia, South Carolina, E. Jean Howard, Assistant United States Attorney, Office of the United States Attorney, Greenville, South Carolina, for Appellee.