United States of America v. Noe Coreas-Mejia, a/k/a Tsunami

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-4308
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
NOE COREAS-MEJIA, a/k/a Tsunami,
Defendant - Appellant.
Appeal from the United States District Court for the District of Maryland, at Greenbelt.
Paula Xinis, District Judge. (8:16-cr-00444-PX-3)
Submitted: October 15, 2019 Decided: October 17, 2019
Before GREGORY, Chief Judge, and THACKER and RUSHING, Circuit Judges.
Dismissed in part and affirmed in part by unpublished per curiam opinion.
Anthony D. Martin, ANTHONY D. MARTIN, PC, Greenbelt, Maryland, for Appellant.
William Moomau, Assistant United States Attorney, OFFICE OF THE UNITED STATES
ATTORNEY, Greenbelt, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Noe Coreas-Mejia seeks to appeal his 396-month sentence, imposed pursuant to a
Fed. R. Crim. P. 11(c)(1)(C) plea agreement, for conspiracy to participate in a racketeering
enterprise, in violation of 18 U.S.C. § 1962(d) (2012). Appellate counsel has filed a brief
pursuant to Anders v. California, 386 U.S. 738 (1967), stating that there are no meritorious
issues for appeal, but questioning whether Coreas-Mejia’s guilty plea was knowing and
voluntary. The Government has filed a motion to dismiss the appeal pursuant to the appeal
waiver in the plea agreement. For the reasons that follow, we dismiss in part and affirm in
part.
“The validity of a waiver of appeal . . . is reviewed de novo, and we will enforce the
waiver if it is valid and the issue appealed is within the scope of the waiver.” United States
v. Adams, 814 F.3d 178, 182 (4th Cir. 2016). “In the absence of extraordinary
circumstances, a properly conducted [Fed. R. Crim. P.] 11 colloquy establishes the validity
of the waiver.” Id.
We have reviewed the plea agreement and the transcript of the Rule 11 hearing and
conclude that Coreas-Mejia knowingly and voluntarily pled guilty and waived his right to
appeal his conviction and sentence. Because Coreas-Mejia waived his right to appeal his
sentence, and because his 396-month sentence falls within the range agreed upon by the
parties in the plea agreement and is within the statutory maximum, we grant the
Government’s motion in part and dismiss his appeal of his sentence. See 18 U.S.C.
§ 3742(c)(1) (2012).

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Pursuant to Anders, we have reviewed the entire record and have found no
meritorious, nonwaived issues for appeal. We therefore affirm Coreas-Mejia’s conviction.
This court requires that counsel inform Coreas-Mejia, in writing, of the right to petition the
Supreme Court of the United States for further review. If Coreas-Mejia 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 Coreas-Mejia.
We dispense with oral argument because the facts and legal contentions are
adequately presented in the materials before this court and argument would not aid the
decisional process.
DISMISSED IN PART,
AFFIRMED IN PART

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