Professional Documents
Culture Documents
No. 11-5209
Appeal from the United States District Court for the Eastern
District of North Carolina, at New Bern. W. Earl Britt, Senior
District Judge. (4:11-cr-00055-BR-1)
Submitted:
Decided:
PER CURIAM:
Robert Levern Baker, Jr., appeals from his convictions
for three counts of deprivation of rights under color of law.
He
also
appeals
his
resulting
twenty-seven months. *
consecutive
sentences
totaling
meritorious
Bakers
issues
Sentencing
calculated.
for
appeal,
Guidelines
but
range
questioning
was
whether
appropriately
United States v.
An appellate waiver
71 F.3d 1143, 1146 (4th Cir. 1995) (internal quotation marks and
*
citation omitted).
determine
we
whether
examine
the
waiver
totality
of
is
the
knowing
and
circumstances,
F.3d
(internal
389,
citation
400
(4th
omitted).
Cir.
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).
As described in the plea agreement, we conclude that
Baker knowingly and intelligently waived the right to appeal
whatever sentence is imposed, including any issues that relate
to the establishment of the advisory Guideline range, reserving
only
the
right
applicable
to
advisory
appeal
from
Guideline
sentence
range.
in
The
excess
of
the
language
of
the
agreement.
Of
significance,
Baker
3
does
not
challenge
the
Accordingly, the
Because Baker was
such,
we
affirm
Bakers
convictions.
We
deny
If
Counsels
with
oral
argument
because
4
the
facts
and
We
legal
AFFIRMED IN PART;
DISMISSED IN PART