United States of America v. Benjamin Delano Kirby, Jr

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-4798
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
BENJAMIN DELANO KIRBY, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Andre M. Davis, District Judge. (CR-99-
463-AMD)
Submitted: March 13, 2003 Decided: March 26, 2003
Before WIDENER, LUTTIG, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Edward Smith, Jr., SMITH & GARRETT, P.A., Baltimore, Maryland, for
Appellant. Thomas M. DiBiagio, United States Attorney, Harvey E.
Eisenberg, Assistant United States Attorney, Baltimore, Maryland,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Benjamin Kirby appeals his conviction and 188-month sentence
imposed by the district court following his guilty plea to
possession with intent to distribute crack cocaine, in violation of
21 U.S.C. § 841(a)(1) (2000). Because we conclude that Kirby’s
waiver of his appellate rights was knowing and voluntary, we
dismiss his appeal. See United States v. Attar, 38 F.3d 727, 731
(4th Cir. 1994). 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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