United States v. Plaisir , 404 F. App'x 721 ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-4379
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JAMES PLAISIR, a/k/a Q,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge. (3:09-cr-00015-JPB-DJJ-1)
Submitted: November 30, 2010 Decided: December 6, 2010
Before WILKINSON, KEENAN, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Nicholas Forrest Colvin, THE LAW OFFICE OF NICHOLAS FORREST
COLVIN, ESQ., PLLC, Martinsburg, West Virginia, for Appellant.
Betsy C. Jividen, United States Attorney, Erin K. Reisenweber,
Assistant United States Attorney, Martinsburg, West Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
James Plaisir pled guilty to one count of distribution
of cocaine base (crack), 21 U.S.C. § 841(a)(1) (2006), * and was
sentenced to a term of 151 months imprisonment. Plaisir seeks
to appeal his sentence, arguing that the district court
incorrectly determined the quantity of crack for which he was
responsible. The government contends that the appeal should be
dismissed based on Plaisir’s waiver of appellate rights in his
plea agreement. We agree, and dismiss the appeal.
We review a defendant’s waiver of appellate rights de
novo. United States v. Blick, 408 F.3d 162, 168 (4th Cir.
2005). A defendant may waive the right to appeal if the waiver
is knowing and intelligent. United States v. Amaya-Portillo,
423 F.3d 427, 430 (4th Cir. 2005). Generally, if the defendant
is fully questioned about the waiver during the plea colloquy,
the waiver is valid and enforceable. United States v. Johnson,
410 F.3d 137, 151 (4th Cir. 2005). We will enforce a valid
waiver if the issue raised on appeal is within the scope of the
waiver. Blick, 408 F.3d at 168.
*
A magistrate judge, acting with Plaisir’s consent,
conducted the Fed. R. Crim. P. 11 hearing. See United States v.
Osborne, 345 F.3d 281, 285 (4th Cir. 2003) (magistrate judge may
conduct hearing if defendant waives right to enter guilty plea
before district court judge).
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Here, the record reveals that Plaisir’s waiver was
knowing and voluntary. His challenge to the sentence is within
the scope of the waiver provision. We therefore dismiss the
appeal.
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
3