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    United States v. Angel Salvador-Ramirez, 4th Cir. (2012)

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    The United States Court of Appeals for the Fourth Circuit dismissed in part and affirmed in part the conviction and sentence of Angel Salvador-Ramirez. Salvador-Ramirez pleaded guilty to conspiracy to possess with intent to distribute cocaine and was sentenced to 57 months in prison. However, he waived his right to appeal in his plea agreement. The Court of Appeals found that Salvador-Ramirez knowingly and voluntarily waived his appellate rights. Therefore, the Court granted the government's motion to dismiss the issues covered by the waiver. For the remaining issues not subject to waiver, the Court conducted an independent review as required by Anders v. California and found no non-frivolous grounds for appeal.

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    United States v. Angel Salvador-Ramirez, 4th Cir. (2012)

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    The United States Court of Appeals for the Fourth Circuit dismissed in part and affirmed in part the conviction and sentence of Angel Salvador-Ramirez. Salvador-Ramirez pleaded guilty to conspiracy to possess with intent to distribute cocaine and was sentenced to 57 months in prison. However, he waived his right to appeal in his plea agreement. The Court of Appeals found that Salvador-Ramirez knowingly and voluntarily waived his appellate rights. Therefore, the Court granted the government's motion to dismiss the issues covered by the waiver. For the remaining issues not subject to waiver, the Court conducted an independent review as required by Anders v. California and found no non-frivolous grounds for appeal.

    Original Description:

    Filed: 2012-08-16 Precedential Status: Non-Precedential Docket: 11-5113

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    The United States Court of Appeals for the Fourth Circuit dismissed in part and affirmed in part the conviction and sentence of Angel Salvador-Ramirez. Salvador-Ramirez pleaded guilty to conspiracy to possess with intent to distribute cocaine and was sentenced to 57 months in prison. However, he waived his right to appeal in his plea agreement. The Court of Appeals found that Salvador-Ramirez knowingly and voluntarily waived his appellate rights. Therefore, the Court granted the government's motion to dismiss the issues covered by the waiver. For the remaining issues not subject to waiver, the Court conducted an independent review as required by Anders v. California and found no non-frivolous grounds for appeal.

    Copyright:

    Public Domain
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    Download as pdf
    19 views3 pages

    United States v. Angel Salvador-Ramirez, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed in part and affirmed in part the conviction and sentence of Angel Salvador-Ramirez. Salvador-Ramirez pleaded guilty to conspiracy to possess with intent to distribute cocaine and was sentenced to 57 months in prison. However, he waived his right to appeal in his plea agreement. The Court of Appeals found that Salvador-Ramirez knowingly and voluntarily waived his appellate rights. Therefore, the Court granted the government's motion to dismiss the issues covered by the waiver. For the remaining issues not subject to waiver, the Court conducted an independent review as required by Anders v. California and found no non-frivolous grounds for appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 11-5113

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    ANGEL SALVADOR-RAMIREZ,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Richmond.
    Henry E. Hudson, District
    Judge. (3:11-cr-00129-HEH-2)

    Submitted:

    August 7, 2012

    Before MOTZ and


    Circuit Judge.

    SHEDD,

    Decided:

    Circuit

    Judges,

    and

    August 16, 2012

    HAMILTON,

    Senior

    Dismissed in part; affirmed in part by unpublished per curiam


    opinion.

    William J. Dinkin, STONE, CARDWELL & DINKIN, PLC, Richmond,


    Virginia, for Appellant. Olivia L. Norman, OFFICE OF THE UNITED
    STATES ATTORNEY, Richmond, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Angel

    Salvador-Ramirez

    conspiracy

    to

    possess

    distribute

    cocaine,

    in

    with

    appeals

    intent

    violation

    of

    his

    conviction

    to

    distribute

    21

    U.S.C.

    (2006), and his fifty-seven month sentence.

    and

    841,

    for
    to
    846

    His attorney filed

    a brief pursuant to Anders v. California, 386 U.S. 738 (1967),


    asserting that there are no meritorious issues for appeal.
    Government

    has

    moved

    to

    dismiss

    the

    appeal

    as

    barred

    The
    by

    Salvador-Ramirezs waiver of the right to appeal included in the


    plea agreement.
    Upon review of the plea agreement and the transcript
    of the Fed. R. Crim. P. 11 hearing, we conclude that SalvadorRamirez knowingly and voluntarily waived his right to appeal his
    conviction and sentence and that the issues he seeks to raise on
    appeal

    fall

    squarely

    appellate rights.

    within

    the

    compass

    of

    his

    waiver

    of

    Accordingly, we grant the Governments motion

    to dismiss as to all issues that a defendant may lawfully waive.


    In accordance with Anders, we have reviewed the entire
    record for non-waivable meritorious issues and have found none.
    Accordingly, we affirm the district courts judgment as to all
    issues

    not

    encompassed

    by

    Salvador-Ramirezs

    valid

    waiver

    of

    appellate rights.
    This

    court

    requires

    that

    counsel

    inform

    Salvador-

    Ramirez, in writing, of the right to petition the Supreme Court


    2

    of the United States for further review.

    If Salvador-Ramirez

    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.

    Counsels

    motion must state that a copy thereof was served on SalvadorRamirez.


    DISMISSED IN PART;
    AFFIRMED IN PART

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