United States v. Hollins , 271 F. App'x 302 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-4583
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SCOTT C. HOLLINS, a/k/a Scott Gaylon,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. David C. Norton, District Judge.
(2:06-cr-00428-DCN)
Submitted: March 27, 2008 Decided: April 1, 2008
Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed in part; dismissed in part by unpublished per curiam
opinion.
H. Stanley Feldman, Charleston, South Carolina, for Appellant.
Reginald I. Lloyd, United States Attorney, Robert H. Bickerton,
Assistant United States Attorney, Charleston, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Scott C. Hollins pled guilty pursuant to a written plea
agreement to one count of conspiracy to possess with intent to
distribute 5 kilograms or more of cocaine, in violation of 21
U.S.C. § 846 (2000) (Count 1), and one count of attempting to
possess with intent to distribute 500 grams or more of cocaine, in
violation of 21 U.S.C. § 846 (2000) (Count 3). The district court
sentenced Hollins to concurrent terms of imprisonment of 188 months
on Counts 1 and 3, an eight-year term of supervised release, and
ordered payment of a statutory assessment of $200. Hollins appeals
his sentence, asserting error in the district court’s calculation
of his offense level used in the determination of his sentence.
The Government claims Hollins waived his right to appeal his
conviction and sentence.*
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
*
Hollins’ plea agreement contained an express waiver of his
“right to contest either the conviction(s) or the sentence(s) in
any direct appeal or other post-conviction action, . . ..”
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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 Hollins does not
contest, that he knowingly and voluntarily waived the right to
appeal his conviction and sentence. Moreover, the sentencing issue
Hollins attempts to raise on appeal falls within the scope of the
waiver.
Accordingly, we affirm Hollins’ 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;
DISMISSED IN PART
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