United States v. Harris , 234 F. App'x 57 ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-4930
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
LARRY GENE HARRIS,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Danville. Jackson L. Kiser, Senior
District Judge. (5:05-cr-00008-jlk-12)
Submitted: July 24, 2007 Decided: July 26, 2007
Before WILKINSON, TRAXLER, and DUNCAN, Circuit Judges.
Affirmed in part and dismissed in part by unpublished per curiam
opinion.
Rena Berry, Roanoke, Virginia, for Appellant. John L. Brownlee,
United States Attorney, Anthony P. Giorno, Assistant United States
Attorney, Roanoke, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Larry Gene Harris pled guilty pursuant to a written plea
agreement to two counts of conspiracy to launder money, in
violation of 18 U.S.C. § 1956(h) (2000) (Counts 7 and 10). The
district court sentenced Harris to 132 months’ imprisonment on
Counts 7 and 10, to be served concurrently, three years of
supervised release on each count, to be served concurrently, and
ordered payment of a $200 statutory assessment. Harris appeals his
sentence only, asserting error in the district court’s factual
determination of the amount of money attributed to him in the
conspiracy and in its denial of his motion for downward departure
due to his physical and mental condition. The Government claims
Harris waived his right to appeal his sentence.* We affirm.
A defendant may waive the right to appeal if that waiver
is knowing and intelligent. United States v. Blick, 408 F.3d 162,
169 (4th Cir. 2005). Generally, if the district court fully
questions a defendant regarding the waiver of his right to appeal
during the Fed. R. Crim. P. 11 colloquy, the waiver is both valid
and enforceable. United States v. Johnson, 410 F.3d 137, 151 (4th
Cir. 2005); United States v. Wessells, 936 F.2d 165, 167-68 (4th
Cir. 1991). The question of whether a defendant validly waived his
*
Harris’ plea agreement contained an express waiver as to the
district court’s factual findings as to the value of the laundered
funds, and a comprehensive waiver of his “right of appeal as to any
and all issues in this case. . ..”
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right to appeal is a question of law that we review de novo.
Blick, 408 F.3d at 168. The record reveals, and Harris does not
contest, that he knowingly and voluntarily waived the right to
appeal. Moreover, the sentencing issues Harris attempts to raise
on appeal fall within the scope of the waiver.
Accordingly, we affirm Harris’ conviction and dismiss the
appeal of his sentence. 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 IN PART AND DISMISSED IN PART
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