Deshawn Stephone Hester pled guilty pursuant to a written plea agreement to two counts of possession of a firearm by a convicted felon. The United States District Court for the Middle District of North Carolina sentenced him to 97 months of imprisonment. On appeal, Hester's counsel filed a brief pursuant to Anders v. California, stating there were no meritorious grounds for appeal but raising questions regarding the validity of the guilty plea, the appeal waiver, and the reasonableness of the sentence. Hester did not file a pro se supplemental brief. The Government moved to dismiss the appeal based on the appellate waiver contained in the plea agreement.
The court addressed two primary issues: the validity of the guilty plea and the enforceability of the appellate waiver. Regarding the guilty plea, the court noted that while the plea waiver does not preclude review of the plea's validity under Anders, the court must ensure the plea was voluntary and supported by a factual basis. Because Hester did not seek to withdraw his plea, the court reviewed the adequacy of the Rule 11 colloquy for plain error. The court cited United States v. Walker, noting that a properly conducted colloquy raises a strong presumption that the plea is binding. Upon reviewing the record, the court concluded that Hester entered his plea knowingly and voluntarily, and that a factual basis existed for the plea and all offense elements. Regarding the appellate waiver, the court applied de novo review to determine if the waiver was valid and enforceable. The court explained that a waiver is valid if entered knowingly and intelligently, often determined by whether the district court questioned the defendant about the waiver during the Rule 11 colloquy and the defendant understood its significance. The court found that Hester knowingly and intelligently waived his right to appeal his convictions and sentence. Consequently, the court found no potentially meritorious grounds for appeal outside the scope of the valid waiver.
Hester's 97-month sentence stands as the final disposition of the case. The appeal regarding sentence reasonableness is dismissed, and the conviction is affirmed. The court requires Hester's counsel to inform him in writing of his right to petition the Supreme Court of the United States for further review. If Hester requests a petition but counsel believes it would be frivolous, counsel may move to withdraw from representation.