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United States v. Anthony Yancey, 4th Cir. (2012)
United States v. Anthony Yancey, 4th Cir. (2012)
No. 11-4792
Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville. Louise W. Flanagan,
District Judge. (4:10-cr-00106-FL-1)
Submitted:
Decided:
February 2, 2012
PER CURIAM:
Anthony Sean Yancey pled guilty pursuant to a plea
agreement to one count of conspiracy to distribute and possess
with
intent
to
distribute
heroin,
in
violation
of
21
U.S.C.
Yancey
incorrectly
asserts
increased
that
based
on
his
base
offense
his
purported
On
level
career
was
offender
predicate
offense.
Yancey
also
asserts
that
his
Relying
on
the
waiver
of
appellate
rights
in
that
we
classification.
A
affirm
as
to
Yanceys
career
offender
defendant
may
waive
the
right
to
appeal
if
that
Fed.
R.
Crim.
P.
11,
the
2
waiver
is
both
valid
and
enforceable.
Cir. 2005).
misconduct.
Because
the
waiver
is
valid
and
The parties
particular
defendant
could
receive
more
than
one
year
in
prison based upon his offense class and prior record level to
that
Yancey
could
the
North
Carolina
Structured
Sentencing
included
15A-1340.13(b)
as
an
(2009).
addendum
to
Although
its
Act,
the
appellate
N.C. Gen.
Government
brief
copy
has
of
Because
were
not
given
the
opportunity
to
litigate
the
v.
Vann,
660
F.3d
771,
776
n.6
(4th
See United
Cir.
2011).
instance,
whether
Yanceys
September
13th
conviction
remains
proper
career
offender
predicate
offense
after
Simmons. 2
We dispense with oral argument because the facts and
legal
before
contentions
the
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
DISMISSED IN PART;
VACATED IN PART;
AND REMANDED