United States v. Keili Dyson, 4th Cir. (2012)
United States v. Keili Dyson, 4th Cir. (2012)
United States v. Keili Dyson, 4th Cir. (2012)
No. 11-4350
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
William D. Quarles, Jr., District
Judge. (1:08-cr-00086-WDQ-19)
Submitted:
Decided:
PER CURIAM:
Keili Dyson pled guilty pursuant to a written plea
agreement
to
racketeering
(2006).
one
count
enterprise,
of
in
conspiracy
violation
to
of
18
participate
U.S.C.
in
1962(d)
Dysons
plea
was
knowingly
and
voluntarily
made
and
arguing
that
the
appeal
waiver
forecloses
the
appeal
except to the extent that Dyson claims that his guilty plea was
not
knowing
and
voluntary.
Counsel
for
Dyson
responded,
We
colloquy,
we
review
the
plea
2
colloquy
for
plain
error.
United States v. General, 278 F.3d 389, 393 (4th Cir. 2002);
United States v. Martinez, 277 F.3d 517, 524-27 (4th Cir. 2002).
To
demonstrate
plain
error,
defendant
must
show
that:
(1)
there was an error; (2) the error was plain; and (3) the error
affected his substantial rights.
U.S.
725,
732
(1993).
defendants
substantial
rights
are
277
F.3d
at
532
(holding
that
defendant
must
demonstrate he would not have pled guilty but for the error).
Our thorough review of the record reveals that the
district court substantially complied with the mandates of Rule
11
and
that
Dysons
guilty
plea
was
both
knowingly
and
voluntarily made.
Next,
appellate waiver.
we
turn
to
the
voluntariness
of
Dysons
United
We review
its scope.
2005).
An
appellate
waiver
is
valid
if
the
defendants
Id. at
marks
Generally,
omitted).
if
district
court
questions
2005).
Dyson does not challenge the validity of his waiver,
and
review
of
knowingly
and
Moreover,
Dysons
the
Rule
intelligently
remaining
11
transcript
waived
his
claim,
that
confirms
right
his
to
that
he
appeal.
sentence
was
accordance
with
Anders,
we
have
reviewed
the
We
We
If
this
court
for
leave
to
withdraw
from
representation.
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED IN PART;
DISMISSED IN PART