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    United States v. Brady, 4th Cir. (2005)

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    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing the appeals of Max Brady and Brock Wilson. Brady and Wilson pled guilty to conspiracy to distribute oxycodone. As part of their plea agreements, Brady and Wilson waived their right to appeal. The Fourth Circuit found that Brady and Wilson knowingly and voluntarily waived their right to appeal in the plea agreements. Therefore, the Fourth Circuit dismissed Brady and Wilson's appeals.

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    United States v. Brady, 4th Cir. (2005)

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    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing the appeals of Max Brady and Brock Wilson. Brady and Wilson pled guilty to conspiracy to distribute oxycodone. As part of their plea agreements, Brady and Wilson waived their right to appeal. The Fourth Circuit found that Brady and Wilson knowingly and voluntarily waived their right to appeal in the plea agreements. Therefore, the Fourth Circuit dismissed Brady and Wilson's appeals.

    Original Description:

    Filed: 2005-07-27 Precedential Status: Non-Precedential Docket: 04-4633

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    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing the appeals of Max Brady and Brock Wilson. Brady and Wilson pled guilty to conspiracy to distribute oxycodone. As part of their plea agreements, Brady and Wilson waived their right to appeal. The Fourth Circuit found that Brady and Wilson knowingly and voluntarily waived their right to appeal in the plea agreements. Therefore, the Fourth Circuit dismissed Brady and Wilson's appeals.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    15 views3 pages

    United States v. Brady, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing the appeals of Max Brady and Brock Wilson. Brady and Wilson pled guilty to conspiracy to distribute oxycodone. As part of their plea agreements, Brady and Wilson waived their right to appeal. The Fourth Circuit found that Brady and Wilson knowingly and voluntarily waived their right to appeal in the plea agreements. Therefore, the Fourth Circuit dismissed Brady and Wilson's appeals.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-4633

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    MAX K. BRADY, a/k/a Boots,
    Defendant - Appellant.

    No. 04-4634

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    BROCK W. WILSON,
    Defendant - Appellant.

    Appeals from the United States District Court for the Northern
    District of West Virginia, at Clarksburg. Irene M. Keeley, Chief
    District Judge. (CR-04-22)

    Submitted:

    June 30, 2005

    Decided:

    July 27, 2005

    Before WILKINSON, NIEMEYER, and TRAXLER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    John R. Angotti, ANGOTTI & STRAFACE, L.C., Morgantown, West


    Virginia; Raymond H. Yackel, Jr., Morgantown, West Virginia, for
    Appellants. Thomas E. Johnston, United States Attorney, John C.
    Parr, Assistant United States Attorney, Wheeling, West Virginia,
    for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    - 2 -

    PER CURIAM:
    Max K. Brady and Brock W. Wilson appeal their convictions
    and sentences after pleading guilty to conspiracy to distribute
    Oxycodone in violation of 21 U.S.C. 841(b)(1)(C), 846 (2000).
    In light of the valid appellate waiver provisions in their plea
    agreements, we dismiss the appeals.
    Brady and Wilson made a knowing and voluntary decision to
    forego their right to appeal in their plea agreements, see United
    States v. Broughton-Jones, 71 F.3d 1143, 1146 (4th Cir. 1995), and
    the district court properly reviewed the waiver provisions with
    them at their plea hearing.

    See United States v. Wessells, 936

    F.2d 165, 167-68 (4th Cir. 1991); United States v. Wiggins, 905
    F.2d 51, 53-54 (4th Cir. 1990). Under these circumstances, we find
    Brady and Wilson have waived their right to appeal their sentences.
    The Supreme Courts decision in United States v. Booker,
    125 S. Ct. 738 (2005), does not alter our decision.

    See United

    States v. Blick, 408 F.3d 162, 169-70 (4th Cir. 2005) (holding that
    Booker

    does

    not

    render

    an

    otherwise

    valid

    appellate

    waiver

    unknowing or involuntary).
    Accordingly, we dismiss the appeals.
    oral

    argument

    because

    the

    facts

    and

    legal

    We dispense with
    contentions

    are

    adequately presented in the materials before the court and argument


    would not aid the decisional process.
    DISMISSED

    - 3 -

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