United States v. James ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6667
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ANGELA JAMES, a/k/a Angela Airy James, a/k/a
Barbara Ann Patterson,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Richard L. Voorhees,
District Judge. (CR-97-160-3)
Submitted: October 23, 2003 Decided: October 30, 2003
Before WILLIAMS, MOTZ, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Angela James, Appellant Pro Se. Gretchen C.F. Shappert, 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Unpublished opinions are not binding precedent in this circuit.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:
Angela James appeals from the district court’s order denying
her motions seeking modification of her sentence. James pled guilty
to drug trafficking charges in 1998. In her plea agreement, James
waived her right to appeal her conviction or sentence in any direct
appeal or post-conviction action. A waiver-of-appeal provision in
a valid plea agreement is enforceable if it results from “a knowing
and intelligent decision to forego the right to appeal.” United
States v. Wessells, 936 F.2d 165, 167 (4th Cir. 1991). We find that
the record shows that James knowingly and intelligently waived her
right to appeal. Consequently, the valid appeal waiver precludes
review of her motions to modify her sentence. Accordingly, we
affirm the district court’s order denying the motions. 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.
AFFIRMED
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