United States v. Estep

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-4608
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
GEORGE SAMUEL ESTEP,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Peter J. Messitte, District Judge. (CR-
99-556)
Submitted: October 9, 2002 Decided: October 21, 2002
Before WILLIAMS and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
James Wyda, Federal Public Defender, Beth M. Farber, Assistant
Federal Public Defender, Baltimore, Maryland, for Appellant. Thomas
M. DiBiagio, United States Attorney, Mythili Raman, Assistant
United States Attorney, Greenbelt, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
George Samuel Estep appeals the ten year term of imprisonment
imposed by the district court following his guilty plea to a single
count of conspiracy to distribute and possess with intent to
distribute cocaine and cocaine base in violation of 21 U.S.C. §§
841(a)(1), (b)(1)(A) & 846 (2000). The Government has moved to
dismiss the appeal based upon Estep’s waiver of his right to
appeal. Our review of the record discloses that Estep knowingly and
voluntarily waived his statutory right to appeal by the terms of
his plea agreement. See United States v. Marin, 961 F.2d 493, 496
(4th Cir. 1992). This waiver precludes our review of his claim that
the district court erred in finding that he was responsible for in
excess of fifty grams of crack cocaine and sentencing him under
§ 841(b)(1)(A). See United States v. Brown, 232 F.3d 399, 402-03
(4th Cir. 2000). Accordingly, we 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
2