Tony Nico Clark was convicted in the District Court for the District of South Carolina of conspiracy to commit Hobbs Act robbery, Hobbs Act robbery, and brandishing a firearm in furtherance of a crime of violence. He received a sentence of 110 months' imprisonment, which represented a downward variance from the advisory Sentencing Guidelines range. Clark entered a plea agreement that included an appellate waiver. On appeal, his counsel filed a brief under Anders v. California, stating there were no meritorious grounds for appeal but raising questions about the validity of the guilty plea and the reasonableness of the sentence. The Government moved to dismiss the appeal based on the waiver in Clark's plea agreement.
The Fourth Circuit addressed two distinct issues: the enforceability of the appellate waiver and the validity of the guilty plea. Regarding the waiver, the court applied de novo review, enforcing the waiver if it was valid and the appealed issue fell within its scope. The court determined the waiver was valid because Clark knowingly and voluntarily agreed to it, supported by the totality of the circumstances and the record of a properly conducted Rule 11 colloquy. Consequently, the sentencing appeal was dismissed as it fell squarely within the scope of the waiver. Regarding the plea validity, the court noted that because Clark did not move to withdraw his plea or challenge it in the district court, the standard of review was plain error. The court examined whether the district court complied with Federal Rule of Criminal Procedure 11, which requires informing the defendant of the nature of charges, penalties, and rights being relinquished, and ensuring the plea is voluntary and supported by a factual basis. The court found the district court fully complied with these requirements, creating a strong presumption that the plea was final and binding. Thus, the court concluded there was no plain error in accepting the plea.
The judgment is affirmed in part and dismissed in part. Clark's conviction stands, and the sentence of 110 months remains in effect. The appellate waiver effectively bars Clark from appealing the sentence, though he retains the right to petition the Supreme Court for further review. The decision reinforces the binding nature of Rule 11 colloquies and the plain error standard for unpreserved plea challenges.