Ceara Smith pleaded guilty to bank fraud and aggravated identity theft pursuant to a written plea agreement. The district court sentenced her to 111 months in prison. On appeal, her counsel filed an Anders brief, which is a procedural mechanism used when a lawyer believes there are no meritorious grounds for appeal. However, counsel specifically questioned whether the district court erred in applying a two-point sentencing enhancement for the use of sophisticated means under the U.S. Sentencing Guidelines. The government moved to dismiss the appeal, citing the appeal waiver Smith signed in her plea agreement. Smith requested the court wait for a Supreme Court decision in a related case, Hunter v. United States, but the Fourth Circuit proceeded to decide the matter.
The Fourth Circuit addressed the validity of the appeal waiver first. Under Fourth Circuit precedent, a defendant may waive their right to appeal under 18 U.S.C. § 3742 if they knowingly and intelligently agree to the waiver. The court reviews the validity of such waivers de novo. To determine if a waiver is knowing and voluntary, the court examines the totality of the circumstances, including the defendant's experience, education, and understanding of the plea agreement. The court noted that generally, if a district court questions a defendant regarding the waiver during the Rule 11 colloquy and the record shows the defendant understood the significance, the waiver is valid. Based on the record, the court concluded Smith knowingly and voluntarily entered her plea and understood the waiver. Consequently, the court granted the government's motion to dismiss the appeal regarding issues within the scope of the waiver. Regarding the Anders claim, the court fulfilled its obligation to review the entire record for any non-waived meritorious issues. The court found none. The court also determined that the appeal could be resolved without awaiting the Supreme Court's decision in Hunter v. United States.
Smith's conviction and sentence of 111 months are affirmed. The decision reinforces that broad appeal waivers in plea agreements are enforceable when entered knowingly and voluntarily, effectively barring defendants from challenging sentencing enhancements like the sophisticated means provision. For defense counsel, the ruling clarifies that even if a defendant requests a delay for pending Supreme Court cases, the appellate court may proceed if the waiver bars the specific issues raised. Smith's counsel is required to inform her in writing of her right to petition the Supreme Court for further review.
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