United States v. Contee , 234 F. App'x 58 ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-4771
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
EUGENE ALFRED CONTEE,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Roger W. Titus, District Judge. (8:05-cr-
00255-RWT)
Submitted: July 24, 2007 Decided: July 26, 2007
Before WILKINSON, TRAXLER, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Douglas James Wood, ROBERTS & WOOD, Riverdale, Maryland, for
Appellant. Rod J. Rosenstein, United States Attorney, Jonathan C.
Su, Assistant United States Attorney, Greenbelt, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Eugene Alfred Contee pled guilty to distribution of fifty
grams or more of cocaine base (crack), 21 U.S.C.A. § 841(a)(1),
(b)(1)(A) (West 1999 & Supp. 2007), and was sentenced to a term of
168 months’ imprisonment. Under the terms of his plea agreement,
Contee stipulated that he was a career offender, and waived “any
right to appeal from any sentence within or below the advisory
guidelines range resulting from an adjusted offense level of 34
. . . .” At sentencing, the district court determined that the
adjusted offense level was 34, then departed downward to offense
level 30 for substantial assistance on the government’s motion.*
The resulting guideline range was 168-210 months. Our review of
the record discloses that Contee was advised about the waiver
provision at the guilty plea hearing, and that his waiver was
knowing and voluntary. See United States v. Brown, 232 F.3d 399,
402 (4th Cir. 2000).
We therefore dismiss the appeal for lack of jurisdiction.
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
*
The court declined to depart downward further because of
mitigating factors argued by defense counsel or on the ground that
criminal history category VI over-represented Contee’s criminal
history.
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