USCA4 Appeal: 24-4026 Doc: 26 Filed: 05/19/2025 Pg: 1 of 5
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 24-4026
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CORREY CAWTHORN,
Defendant - Appellant.
Appeal from the United States District Court for the District of Maryland, at Baltimore. James K. Bredar, Senior District Judge. (1:19-cr-00036-JKB-2)
Submitted: May 15, 2025 Decided: May 19, 2025
Before NIEMEYER and HEYTENS, Circuit Judges, and KEENAN, Senior Circuit Judge.
Dismissed in part, affirmed in part, and remanded by unpublished per curiam opinion.
ON BRIEF: Anthony D. Martin, ANTHONY D. MARTIN, PC, Greenbelt, Maryland, for Appellant. Michael Clayton Hanlon, Assistant United States Attorney, Patricia Corwin McLane, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-4026 Doc: 26 Filed: 05/19/2025 Pg: 2 of 5
PER CURIAM:
Correy Cawthorn pled guilty, pursuant to a written plea agreement, to conspiracy to
participate in a racketeering enterprise, in violation of 18 U.S.C. § 1962(d). The district
court sentenced Cawthorn to 420 months’ imprisonment—a downward variance from the
advisory Sentencing Guidelines range—and five years’ supervised release. On appeal,
counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), questioning
the validity of Cawthorn’s guilty plea and the appeal waiver within his plea agreement.
Although notified of his right to do so, Cawthorn has not filed a pro se supplemental brief.
The Government has moved to dismiss the appeal as barred by the appeal waiver in
Cawthorn’s plea agreement.
A valid appeal waiver does not preclude this court’s review of the validity of a guilty
plea. United States v. McCoy, 895 F.3d 358, 364 (4th Cir. 2018). Before accepting a guilty
plea, the district court must conduct a plea colloquy in which it informs the defendant of,
and ensures that the defendant understands, the rights he is relinquishing by pleading guilty,
the nature of the charges to which he is pleading guilty, and the possible consequences of
his guilty plea. Fed. R. Crim. P. 11(b)(1); United States v. DeFusco, 949 F.2d 114, 116
(4th Cir. 1991). The court must also ensure that the plea is voluntary and not the result of
threats, force, or promises extrinsic to the plea agreement, and that a factual basis exists for
the plea. Fed. R. Crim. P. 11(b)(2), (3); see United States v. Stitz, 877 F.3d 533, 536
(4th Cir. 2017) (discussing proof required to establish factual basis). “[A] properly
conducted Rule 11 plea colloquy raises a strong presumption that the plea is final and
2 USCA4 Appeal: 24-4026 Doc: 26 Filed: 05/19/2025 Pg: 3 of 5
binding.” United States v. Walker, 934 F.3d 375, 377 n.1 (4th Cir. 2019) (internal quotation
marks omitted).
Because Cawthorn neither raised an objection during the plea colloquy nor moved
to withdraw his guilty plea, we review the adequacy of the colloquy for plain error. United
States v. Sanya, 774 F.3d 812, 815 (4th Cir. 2014). “There is plain error only when (1) an
error was made; (2) the error is plain; (3) the error affects substantial rights; and (4) the
error seriously affects the fairness, integrity, or public reputation of judicial proceedings.”
United States v. Comer, 5 F.4th 535, 548 (4th Cir. 2021) (internal quotation marks omitted).
“In the Rule 11 context, this inquiry means that [the defendant] must demonstrate a
reasonable probability that, but for the error, he would not have pleaded guilty.” Sanya,
774 F.3d at 816 (internal quotation marks omitted).
We have reviewed the Rule 11 colloquy and conclude that the district court fully
complied with Rule 11 in accepting Cawthorn’s guilty plea. Moreover, the district court
ensured that Cawthorn’s plea was knowing, voluntary, and supported by a factual basis.
“We review an appellate waiver de novo to determine whether the waiver is
enforceable” and “will enforce the waiver if it is valid and if the issue[s] being appealed
fall[] within the scope of the waiver.” United States v. Boutcher, 998 F.3d 603, 608
(4th Cir. 2021) (internal quotation marks omitted). An appellate waiver is valid if the
defendant enters it “knowingly and intelligently, a determination that we make by
considering the totality of the circumstances.” Id. “Generally though, if a district court
questions a defendant regarding the waiver of appellate rights during the Rule 11 colloquy
3 USCA4 Appeal: 24-4026 Doc: 26 Filed: 05/19/2025 Pg: 4 of 5
and the record indicates that the defendant understood the full significance of the waiver,
the waiver is valid.” McCoy, 895 F.3d at 362 (internal quotation marks omitted).
Although Cawthorn asserts that his guilty plea was driven by his fear of a life
sentence, because “[e]very guilty plea necessarily entails a choice among distasteful
options[,] . . . a guilty plea is not rendered involuntary merely because it was entered to
avoid harsh alternatives.” United States v. Faris, 388 F.3d 452, 457 (4th Cir. 2004),
vacated on other grounds, 544 U.S. 916 (2005). Furthermore, with regard to Cawthorn’s
claim that his guilty plea and appeal waiver were invalid in light of his traumatic childhood,
learning disabilities, and mental health issues, we conclude that any such limitations were
mitigated by the assistance of his counsel. See United States v. Blick, 408 F.3d 162, 169
(4th Cir. 2005) (finding appeal waiver knowing and intelligent in part because defendant
and attorneys represented that defendant had been fully advised about, and understood,
terms of agreement); United States v. General, 278 F.3d 389, 397-98, 400-01
(4th Cir. 2002) (concluding that appeal waiver was knowing and intelligent, despite
defendant’s ninth grade education, mental health struggles, and low IQ and district court’s
failure to specifically evaluate defendant’s understanding of appeal waiver, where
defendant was represented by counsel and confirmed that he discussed agreement with
counsel and understood all of its terms); United States v.
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USCA4 Appeal: 24-4026 Doc: 26 Filed: 05/19/2025 Pg: 1 of 5
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 24-4026
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CORREY CAWTHORN,
Defendant - Appellant.
Appeal from the United States District Court for the District of Maryland, at Baltimore. James K. Bredar, Senior District Judge. (1:19-cr-00036-JKB-2)
Submitted: May 15, 2025 Decided: May 19, 2025
Before NIEMEYER and HEYTENS, Circuit Judges, and KEENAN, Senior Circuit Judge.
Dismissed in part, affirmed in part, and remanded by unpublished per curiam opinion.
ON BRIEF: Anthony D. Martin, ANTHONY D. MARTIN, PC, Greenbelt, Maryland, for Appellant. Michael Clayton Hanlon, Assistant United States Attorney, Patricia Corwin McLane, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-4026 Doc: 26 Filed: 05/19/2025 Pg: 2 of 5
PER CURIAM:
Correy Cawthorn pled guilty, pursuant to a written plea agreement, to conspiracy to
participate in a racketeering enterprise, in violation of 18 U.S.C. § 1962(d). The district
court sentenced Cawthorn to 420 months’ imprisonment—a downward variance from the
advisory Sentencing Guidelines range—and five years’ supervised release. On appeal,
counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), questioning
the validity of Cawthorn’s guilty plea and the appeal waiver within his plea agreement.
Although notified of his right to do so, Cawthorn has not filed a pro se supplemental brief.
The Government has moved to dismiss the appeal as barred by the appeal waiver in
Cawthorn’s plea agreement.
A valid appeal waiver does not preclude this court’s review of the validity of a guilty
plea. United States v. McCoy, 895 F.3d 358, 364 (4th Cir. 2018). Before accepting a guilty
plea, the district court must conduct a plea colloquy in which it informs the defendant of,
and ensures that the defendant understands, the rights he is relinquishing by pleading guilty,
the nature of the charges to which he is pleading guilty, and the possible consequences of
his guilty plea. Fed. R. Crim. P. 11(b)(1); United States v. DeFusco, 949 F.2d 114, 116
(4th Cir. 1991). The court must also ensure that the plea is voluntary and not the result of
threats, force, or promises extrinsic to the plea agreement, and that a factual basis exists for
the plea. Fed. R. Crim. P. 11(b)(2), (3); see United States v. Stitz, 877 F.3d 533, 536
(4th Cir. 2017) (discussing proof required to establish factual basis). “[A] properly
conducted Rule 11 plea colloquy raises a strong presumption that the plea is final and
2 USCA4 Appeal: 24-4026 Doc: 26 Filed: 05/19/2025 Pg: 3 of 5
binding.” United States v. Walker, 934 F.3d 375, 377 n.1 (4th Cir. 2019) (internal quotation
marks omitted).
Because Cawthorn neither raised an objection during the plea colloquy nor moved
to withdraw his guilty plea, we review the adequacy of the colloquy for plain error. United
States v. Sanya, 774 F.3d 812, 815 (4th Cir. 2014). “There is plain error only when (1) an
error was made; (2) the error is plain; (3) the error affects substantial rights; and (4) the
error seriously affects the fairness, integrity, or public reputation of judicial proceedings.”
United States v. Comer, 5 F.4th 535, 548 (4th Cir. 2021) (internal quotation marks omitted).
“In the Rule 11 context, this inquiry means that [the defendant] must demonstrate a
reasonable probability that, but for the error, he would not have pleaded guilty.” Sanya,
774 F.3d at 816 (internal quotation marks omitted).
We have reviewed the Rule 11 colloquy and conclude that the district court fully
complied with Rule 11 in accepting Cawthorn’s guilty plea. Moreover, the district court
ensured that Cawthorn’s plea was knowing, voluntary, and supported by a factual basis.
“We review an appellate waiver de novo to determine whether the waiver is
enforceable” and “will enforce the waiver if it is valid and if the issue[s] being appealed
fall[] within the scope of the waiver.” United States v. Boutcher, 998 F.3d 603, 608
(4th Cir. 2021) (internal quotation marks omitted). An appellate waiver is valid if the
defendant enters it “knowingly and intelligently, a determination that we make by
considering the totality of the circumstances.” Id. “Generally though, if a district court
questions a defendant regarding the waiver of appellate rights during the Rule 11 colloquy
3 USCA4 Appeal: 24-4026 Doc: 26 Filed: 05/19/2025 Pg: 4 of 5
and the record indicates that the defendant understood the full significance of the waiver,
the waiver is valid.” McCoy, 895 F.3d at 362 (internal quotation marks omitted).
Although Cawthorn asserts that his guilty plea was driven by his fear of a life
sentence, because “[e]very guilty plea necessarily entails a choice among distasteful
options[,] . . . a guilty plea is not rendered involuntary merely because it was entered to
avoid harsh alternatives.” United States v. Faris, 388 F.3d 452, 457 (4th Cir. 2004),
vacated on other grounds, 544 U.S. 916 (2005). Furthermore, with regard to Cawthorn’s
claim that his guilty plea and appeal waiver were invalid in light of his traumatic childhood,
learning disabilities, and mental health issues, we conclude that any such limitations were
mitigated by the assistance of his counsel. See United States v. Blick, 408 F.3d 162, 169
(4th Cir. 2005) (finding appeal waiver knowing and intelligent in part because defendant
and attorneys represented that defendant had been fully advised about, and understood,
terms of agreement); United States v. General, 278 F.3d 389, 397-98, 400-01
(4th Cir. 2002) (concluding that appeal waiver was knowing and intelligent, despite
defendant’s ninth grade education, mental health struggles, and low IQ and district court’s
failure to specifically evaluate defendant’s understanding of appeal waiver, where
defendant was represented by counsel and confirmed that he discussed agreement with
counsel and understood all of its terms); United States v. Attar, 38 F.3d 727, 731-32
(4th Cir. 1994) (noting significance of representation by counsel during guilty plea
hearing).
We therefore conclude that Cawthorn knowingly and intelligently pled guilty and
waived his right to appeal his conviction and sentence on any ground, excepting only an
4 USCA4 Appeal: 24-4026 Doc: 26 Filed: 05/19/2025 Pg: 5 of 5
appeal of a sentence above the statutory maximum. Our review of the record in accordance
with Anders revealed no meritorious grounds for appeal outside the scope of the appeal
waiver. We note, however, a clerical error in the written judgment. Specifically, the
judgment lists the count of conviction as “18:926(d)” when it is actually 18 U.S.C.
§ 1926(d). Accordingly, we grant the Government’s motion to dismiss Cawthorn’s appeal
as to all issues within the waiver’s scope, affirm the remainder of the criminal judgment,
and remand for correction of the clerical error in the judgment.
This court requires that counsel inform Cawthorn, in writing, of the right to petition
the Supreme Court of the United States for further review. If Cawthorn 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 Cawthorn. 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.
DISMISSED IN PART, AFFIRMED IN PART, AND REMANDED