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    United States v. Prentise Wilkins, 4th Cir. (2015)

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    This document summarizes a United States Court of Appeals case in which Prentise Javaughn Wilkins appealed his 276-month sentence for two counts of use of a firearm during a crime of violence. The Government argued that Wilkins waived his right to appeal his sentence in his plea agreement. The court determined that Wilkins knowingly and voluntarily waived his right to appeal in the plea agreement. As the issue being appealed was covered by the waiver, the court dismissed Wilkins' appeal of his sentence.

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    Public Domain
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    United States v. Prentise Wilkins, 4th Cir. (2015)

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    Scribd Government Docs
    85 views3 pages
    This document summarizes a United States Court of Appeals case in which Prentise Javaughn Wilkins appealed his 276-month sentence for two counts of use of a firearm during a crime of violence. The Government argued that Wilkins waived his right to appeal his sentence in his plea agreement. The court determined that Wilkins knowingly and voluntarily waived his right to appeal in the plea agreement. As the issue being appealed was covered by the waiver, the court dismissed Wilkins' appeal of his sentence.

    Original Description:

    Filed: 2015-05-29 Precedential Status: Non-Precedential Docket: 14-4584

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    This document summarizes a United States Court of Appeals case in which Prentise Javaughn Wilkins appealed his 276-month sentence for two counts of use of a firearm during a crime of violence. The Government argued that Wilkins waived his right to appeal his sentence in his plea agreement. The court determined that Wilkins knowingly and voluntarily waived his right to appeal in the plea agreement. As the issue being appealed was covered by the waiver, the court dismissed Wilkins' appeal of his sentence.

    Copyright:

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

    United States v. Prentise Wilkins, 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case in which Prentise Javaughn Wilkins appealed his 276-month sentence for two counts of use of a firearm during a crime of violence. The Government argued that Wilkins waived his right to appeal his sentence in his plea agreement. The court determined that Wilkins knowingly and voluntarily waived his right to appeal in the plea agreement. As the issue being appealed was covered by the waiver, the court dismissed Wilkins' appeal of his sentence.

    Copyright:

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-4584

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    PRENTISE JAVAUGHN WILKINS,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Greenville. James C. Dever III,
    Chief District Judge. (4:12-cr-00075-D-3)

    Submitted:

    May 26, 2015

    Decided:

    May 29, 2015

    Before NIEMEYER and DIAZ, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Lewis A. Thompson, III, BANZET, THOMPSON & STYERS, PLLC,


    Warrenton, North Carolina, for Appellant.
    Thomas G. Walker,
    United States Attorney, Jennifer P. May-Parker, Yvonne V.
    Watford-McKinney, Assistant United States Attorneys, Raleigh,
    North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Prentise

    Javaughn

    Wilkins

    appeals

    his

    sentence

    of

    276

    months (60 months for Count 1 and 216 months consecutively for
    Count 2) following his guilty plea pursuant to a plea agreement
    to two counts of use of a firearm during and in relation to a
    crime

    of

    violence

    Government

    under

    argues

    that

    18

    U.S.C.

    Wilkins

    924(c)(1)

    appeal

    of

    (2012).

    his

    The

    sentence

    is

    foreclosed by his waiver of appeal rights in his plea agreement.


    For the reasons that follow, we dismiss the appeal.
    A criminal defendant may waive the right to appeal if that
    waiver is knowing and intelligent.
    492 F.3d 263, 270 (4th Cir. 2007).

    United States v. Poindexter,


    Generally, if the district

    court fully questions a defendant regarding the waiver of his


    right to appeal during a plea colloquy performed in accordance
    with

    Fed.

    R.

    Crim.

    P.

    11,

    the

    waiver

    is

    both

    valid

    and

    enforceable.

    United States v. Johnson, 410 F.3d 137, 151 (4th

    Cir. 2005).

    Whether a defendant validly waived his right to

    appeal is a question of law this court reviews de novo.

    United

    States v. Blick, 408 F.3d 162, 168 (4th Cir. 2005).


    Where the Government seeks to enforce an appeal waiver and
    there is no claim that it breached its obligations under the
    plea

    agreement,

    establishes

    that

    we

    will

    the

    enforce

    defendant

    the

    waiver

    knowingly

    and

    if

    the

    record

    intelligently

    agreed to waive the right to appeal and the issue being appealed
    2

    is within the scope of the waiver.

    Id. at 169.

    Upon review of

    the record and the parties briefs, we conclude that Wilkins


    knowingly

    and

    voluntarily

    waived

    the

    right

    to

    appeal

    his

    sentence, except for circumstances not extant in this appeal,


    and the issue he raises falls within the scope of the waiver.
    Accordingly, we dismiss the appeal of Wilkins sentence.
    dispense

    with

    contentions

    are

    oral

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    We

    and

    legal

    materials

    before

    this court and argument would not aid the decisional process.

    DISMISSED

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