United States v. Broderick Sullivan

• Court: Court of Appeals for the Fourth Circuit
• Decided: November 2, 2023
• Docket: 23-4015
• Status: Unpublished

Opinion

USCA4 Appeal: 23-4015 Doc: 34 Filed: 11/02/2023 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-4015

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

BRODERICK DEMON SULLIVAN,

Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, Jr., District Judge. (1:22-cr-00084-WO-3)

Submitted: October 31, 2023 Decided: November 2, 2023

Before HARRIS and QUATTLEBAUM, Circuit Judges, and KEENAN, Senior Circuit Judge.

Affirmed in part and dismissed in part by unpublished per curiam opinion.

ON BRIEF: Craig M. Cooley, COOLEY LAW OFFICE, Cary, North Carolina, for Appellant. Kyle David Pousson, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee.

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PER CURIAM:

Broderick Demon Sullivan pled guilty, pursuant to a written plea agreement, to two

counts of distributing a quantity of a mixture and substance containing a detectable amount

of methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C), and one count of

distributing 50 grams or more of methamphetamine, in violation of 21 U.S.C. § 841(a)(1),

(b)(1)(A). As part of the plea agreement, Sullivan agreed to waive his right to appeal his

conviction and sentence, preserving only challenges to a sentence exceeding the statutory

maximum or based on an unconstitutional factor or if the Government appealed the

sentence. The district court sentenced Sullivan to concurrent terms of 144 months’

imprisonment, a downward variance from the advisory Sentencing Guidelines range.

Sullivan timely appealed.

Counsel for Sullivan has filed a brief pursuant to Anders v. California, 386 U.S. 738

(1967), stating that there are no meritorious grounds for appeal. Sullivan has filed a pro se

supplemental brief challenging his sentence in light of the disparity in how the Guidelines

treat methamphetamine based on purity level. The Government has moved to dismiss the

appeal as to any claims within the scope of the appellate waiver included in Sullivan’s plea

agreement. We affirm in part and dismiss in part.

We review the validity of an appeal waiver de novo and “will enforce the waiver if

it is valid and the issue appealed is within the scope of the waiver.” United States v. Adams,

814 F.3d 178, 182 (4th Cir. 2016). Generally, if the district court fully questions a

defendant regarding the waiver of his right to appeal during a plea colloquy performed in

accordance with Rule 11 of the Federal Rules of Criminal Procedure, and the record shows

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that the defendant understood the waiver’s significance, the waiver is both valid and

enforceable. United States v. Thornsbury, 670 F.3d 532, 537 (4th Cir. 2012). Our review

of the record confirms that Sullivan knowingly and voluntarily waived his right to appeal.

We conclude that the waiver is valid and enforceable and that the issue Sullivan raises falls

squarely within the scope of the waiver.

In accordance with Anders, we have reviewed the entire record in this case and have

found no potentially meritorious issues outside the scope of Sullivan’s appeal waiver. We

therefore grant the Government’s motion and dismiss the appeal as to all issues within the

waiver’s scope. We affirm the remainder of the judgment. This court requires that counsel

inform Sullivan, in writing, of the right to petition the Supreme Court of the United States

for further review. If Sullivan requests that a petition be filed, but counsel believes that

such a petition would be frivolous, then counsel may move in this court for leave to

withdraw from representation. Counsel’s motion must state that a copy thereof was served

on Sullivan. We dispense with oral argument because the facts and legal contentions are

adequately presented in the materials before this court and argument would not aid the

decisional process.

AFFIRMED IN PART, DISMISSED IN PART