U.S. Court of Appeals for the Fourth Circuit, 2018

United States v. Dontae Pinkney

United States v. Dontae Pinkney
U.S. Court of Appeals for the Fourth Circuit · Decided January 22, 2018 · Motz, Traxler, King
709 F. App'x 202

United States v. Dontae Pinkney

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Dontae Pinkney seeks to appeal the 125-month sentence imposed following his guilty plea to Hobbs Act robbery, 18 U.S.C. § 1951 (2012). On appeal, he argues that the district court abused its discretion in upwardly departing, which resulted in an unreasonable sentence. The Government seeks to dismiss the appeal as barred by Pinkney’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 Pinkney knowingly and voluntarily waived his right to appeal and that the issue Pinkney seeks to raise on appeal falls squarely within the compass of his waiver of appellate rights. See United States v. Archie, 771 F.3d 217, 221 (4th Cir. 2014). We therefore dismiss the appeal.

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.