United States of America v. Rodolpho Valerio Bailey, a/k/a J. Paul Rudy

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-4241
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
RODOLPHO VALERIO BAILEY, a/k/a J. Paul Rudy,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Clarksburg. Irene M. Keeley, Chief
District Judge. (CR-01-42)
Submitted: August 13, 2002 Decided: August 22, 2002
Before WIDENER, TRAXLER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Scott A. Shough, Fairmont, West Virginia, for Appellant. Thomas E.
Johnston, United States Attorney, John C. Parr, Assistant United
States Attorney, Wheeling, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Rodolpho Valerio Bailey appeals the sixty-six month sentence
imposed by the district court following his guilty plea to a single
count of distribution of cocaine base in violation of 21 U.S.C. §
841(a)(1), (b)(1)(B) (2000). Our review of the record discloses
that Bailey 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 misapplied the
sentencing guidelines. 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

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