Professional Documents
Culture Documents
No. 14-4823
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Richard D. Bennett, District Judge.
(1:14-cr-00017-RDB-1)
Submitted:
Decided:
June 4, 2015
PER CURIAM:
Hassan Hammoud appeals his conviction and 63-month sentence
imposed following his guilty plea to conspiracy to use fire to
commit
federal
felony.
On
appeal,
counsel
filed
brief
to
of
the
dismiss
sentence.
the
The
appeal
on
Government
the
basis
has
filed
that
Hammoud
innocent
and
that
his
plea
was
involuntary
because
he
Fed. R.
Crim.
P.
11,
the
waiver
is
both
valid
and
enforceable.
Cir. 2005).
intelligent,
and
sufficiently
aware
if
the
defendant
fully
in
general
in
the
circumstances
2
even
though
the
Cir.
2012)
emphases omitted).
(internal
alteration,
quotation
marks,
and
United States
and
voluntarily
that
fall
within
waived
his
right
to
appeal
his
scope
of
his
broad
waiver
is
barred.
We recognize, however, that there are certain fundamental
rights and appellate claims that cannot be barred by an appeal
waiver.
F.3d 727, 733 n.2 (4th Cir. 1994); see also United States v.
Craig, 985 F.2d 175, 178 (4th Cir. 1993) (concluding that waiver
of appeal rights in plea agreement will not bar appeal from
denial of plea-withdrawal motion where the waiver of appeal
itself
[is]
being
challenged
by
3
the
motion
to
withdraw
the
guilty plea).
valid
waiver
enforcing
miscarriage of justice.
the
waiver
would
result
in
Thus,
of
conclusively
counsel.
appears
on
Unless
the
an
face
attorneys
of
the
ineffectiveness
record,
ineffective
United
States
2010).
v.
Baptiste,
596
F.3d
214,
216
n.1
(4th
Cir.
accordance
with
Anders,
we
have
reviewed
the
entire
Accordingly,
we
dismiss
grant
the
Governments
motion
to
dismiss
and
the
appeal.
writing,
of
the
right
to
petition
the
Supreme
Court
of
the
We dispense
with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
this
court
and