United States of America v. Angel Salvador-Ramirez

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-5113
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANGEL SALVADOR-RAMIREZ,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Henry E. Hudson, District
Judge. (3:11-cr-00129-HEH-2)
Submitted: August 7, 2012 Decided: August 16, 2012
Before MOTZ and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed in part; affirmed in part by unpublished per curiam
opinion.
William J. Dinkin, STONE, CARDWELL & DINKIN, PLC, Richmond,
Virginia, for Appellant. Olivia L. Norman, OFFICE OF THE UNITED
STATES ATTORNEY, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Angel Salvador-Ramirez appeals his conviction for
conspiracy to possess with intent to distribute and to
distribute cocaine, in violation of 21 U.S.C. §§ 841, 846
(2006), and his fifty-seven month sentence. His attorney filed
a brief pursuant to Anders v. California, 386 U.S. 738 (1967),
asserting that there are no meritorious issues for appeal. The
Government has moved to dismiss the appeal as barred by
Salvador-Ramirez’s waiver of the right to appeal included in the
plea agreement.
Upon review of the plea agreement and the transcript
of the Fed. R. Crim. P. 11 hearing, we conclude that Salvador-
Ramirez knowingly and voluntarily waived his right to appeal his
conviction and sentence and that the issues he seeks to raise on
appeal fall squarely within the compass of his waiver of
appellate rights. Accordingly, we grant the Government’s motion
to dismiss as to all issues that a defendant may lawfully waive.
In accordance with Anders, we have reviewed the entire
record for non-waivable meritorious issues and have found none.
Accordingly, we affirm the district court’s judgment as to all
issues not encompassed by Salvador-Ramirez’s valid waiver of
appellate rights.
This court requires that counsel inform Salvador-
Ramirez, in writing, of the right to petition the Supreme Court

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of the United States for further review. If Salvador-Ramirez
requests that a petition be filed, but counsel believes that
such a petition would be frivolous, then counsel may move in
this court for leave to withdraw from representation. Counsel’s
motion must state that a copy thereof was served on Salvador-
Ramirez.
DISMISSED IN PART;
AFFIRMED IN PART

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