UNITED STATES OF AMERICA v. MARION LAMONT FLOWERS

Holding: The Fourth Circuit affirmed the district court's judgment, holding that the defendant's appellate waiver was valid and that his ineffective assistance claim must be raised in a Section twenty-eight United States Code two thousand five hundred and fifty motion.
Standard: De novo review of appellate waiver validity; facial record review for ineffective assistance claims.
Vote: Unpublished per curiam opinion affirming the judgment.
Practical effect: Defendants who have signed valid appellate waivers cannot challenge their conviction or sentence on direct appeal, and claims of ineffective assistance of counsel must be pursued through collateral review motions rather than direct appeals.

The Fourth Circuit affirmed the conviction and sentence of a defendant who pleaded guilty to federal drug distribution offenses. The court held that the defendant's appellate waiver was valid and that his ineffective assistance claim must be raised in a separate motion rather than on direct appeal.

Background

Marion Lamont Flowers pleaded guilty pursuant to a written plea agreement to conspiracy to distribute and possess with intent to distribute controlled substances, including methamphetamine, cocaine, and fentanyl. The district court sentenced him to two hundred seventy-six months of imprisonment. Flowers appealed, arguing that his appellate waiver was not knowing and voluntary and that his counsel rendered ineffective assistance.

The court’s reasoning

The court reviewed the appellate waiver de novo and found it enforceable because the record showed Flowers knowingly and voluntarily pleaded guilty and waived his right to appeal. Regarding the ineffective assistance claim, the court noted that such claims are not addressed on direct appeal unless they conclusively appear on the face of the record. The court found the record did not conclusively establish ineffective assistance and stated that such claims should be raised in a Section twenty-eight United States Code two thousand five hundred and fifty motion.

We review an appellate waiver de novo to determine whether the waiver is enforceable, and we will enforce the waiver if it is valid and if the issue being appealed falls within the scope of the waiver.

United States v. Boutcher, 998 F.3d 603, 608 (4th Cir. 2021)

What it means going forward

Defendants who have signed valid appellate waivers cannot challenge their conviction or sentence on direct appeal, and claims of ineffective assistance of counsel must be pursued through collateral review motions rather than direct appeals.