The Fourth Circuit affirmed the conviction of a defendant who pled guilty to aggravated identity theft while dismissing his appeal based on a valid waiver. The court found no meritorious grounds for appeal after reviewing the record under the Anders standard.
Aakash Prakash Makwana pled guilty to aggravated identity theft in violation of Section eighteen United States Code Section one thousand two hundred eighty A subsection A one and was sentenced to two years imprisonment. He appealed pursuant to a written plea agreement that included a waiver of the right to appeal.
The court’s reasoning
The court reviewed the validity of the guilty plea for plain error and found the colloquy was thorough and the plea was voluntary. The court then reviewed the appellate waiver de novo and determined it was valid and enforceable because the defendant understood the concessions. Under Anders v. California, the court reviewed the entire record and found no meritorious grounds for appeal outside the waiver’s scope.
What it means going forward
The decision reinforces that appellate waivers in plea agreements are enforceable when the defendant understands the terms, and it limits appeals to only those issues not covered by the waiver.
