Professional Documents
Culture Documents
No. 11-4425
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington.
W. Earl Britt,
Senior District Judge. (7:08-cr-00136-BR-1; 7:11-cv-00020-BR)
Submitted:
May 4, 2012
Decided:
PER CURIAM:
Daniel
Adam
Rooks
pled
guilty,
pursuant
to
plea
district
court
sentenced
Rooks
to
eighty-seven
months
On
appeal,
v.
Rooks
counsel
filed
brief
pursuant
to
Anders
issues
for
appeal,
but
questioning
whether
the
(4th
Cir.
omitted).
intelligent,
To
we
1995)
(internal
determine
examine
quotation
whether
the
totality
2
marks
waiver
of
is
the
and
citation
knowing
and
circumstances,
F.3d
(internal
389,
citation
400
(4th
Cir.
omitted).
2002)
Generally,
if
quotation
court
fully
marks
and
questions
11
colloquy,
the
waiver
is
both
valid
and
enforceable.
United States v. Johnson, 410 F.3d 137, 151 (4th Cir. 2005).
However, this court will refuse to enforce an otherwise valid
waiver if to do so would result in a miscarriage of justice.
Id. (internal quotation
and
voluntarily
waived
his
right
to
appeal
his
that
Guidelines
relate
range,
to
the
reserving
establishment
only
the
right
of
the
to
appeal
advisory
from
Governments
motion
to
dismiss
sentence.
3
Accordingly, we grant
Rooks
appeal
of
his
Prior
defendant
comprehends,
the
nature
of
the
charge
to
possible
relinquishing
by
penalty
pleading
he
faces,
and
guilty.
Fed.
the
R.
rights
Crim.
he
P.
is
11(b);
United States v. DeFusco, 949 F.2d 114, 116 (4th Cir. 1991).
Additionally,
the
district
court
must
ensure
that
the
defendants plea was voluntary and did not result from force,
threats, or promises not contained in the plea agreement.
Fed.
R. Crim. P. 11(b)(2).
We
find
that
the
district
court
complied
with
the
writing,
of
court
his
requires
right
to
that
petition
counsel
the
inform
Supreme
Rooks,
Court
of
in
the