United States v. Galloway ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-4387
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
RASHFORD EMANUEL GALLOWAY,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Richard L. Voorhees,
District Judge. (CR-02-150-V)
Submitted: October 9, 2003 Decided: October 17, 2003
Before LUTTIG, KING, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Aaron E. Michel, Charlotte, North Carolina, for Appellant. Robert
J. Conrad, Jr., United States Attorney, D. Scott Broyles, Assistant
United States Attorney, Charlotte, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Rashford Emanuel Galloway appeals his conviction and sentence
for conspiracy to distribute cocaine and cocaine base in violation
of 21 U.S.C. §§ 841, 846 (2000). Galloway claims that the
Government breached its plea agreement with him by failing to move
for a downward departure or by failing to make a determination
regarding Galloway’s assistance to the Government.
Our review of the plea agreement discloses that Galloway has
specifically waived his right of appellate review in regard to this
issue. As a consequence, we are without jurisdiction to consider
the appeal, and we are compelled to dismiss it. We dispense with
oral argument because the facts and legal contentions are
adequately presented in the materials before the court and argument
would not aid the decisional process.
DISMISSED
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