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No. 14-4347
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
James R. Spencer, Senior
District Judge. (3:13-cr-00087-JRS-1)
Submitted:
THACKER,
Decided:
Circuit
Judges,
November 6, 2014
and
DAVIS,
Senior
PER CURIAM:
Larry Lawson Taylor, Jr., pled guilty, pursuant to a
written plea agreement, to possession with intent to distribute
cocaine
base.
On
appeal,
Taylors
counsel
filed
brief
the
district
court
appropriately
considered
the
subpoena
his
psychiatrist
or
consider
his
mitigation
evidence and because his counsel did not properly prepare and
present his mitigation evidence.
423
2005)
F.3d
427,
omitted).
To
intelligent,
we
430
(4th
determine
look
to
Cir.
whether
the
(internal
the
totality
waiver
of
quotation
is
the
marks
knowing
and
circumstances,
389,
400
(4th
Cir.
2002)
(internal
quotation
marks
omitted).
Here, we find that the totality of the circumstances
leads
to
the
enforceable.
thirty-four
conclusion
that
the
waiver
is
valid
and
old,
had
an
eleventh
grade
education,
was
discussed
with
counsel,
and
understood
clearly
and
waiver
States
provision
v.
during
Lemaster,
403
the
F.3d
plea
216,
colloquy.
221-22
(4th
See
United
Cir.
2005)
that
he
did
not
the
plea
Taylors
voluntary,
and
waiver
the
of
waiver
appellate
provision
enforceable.
rights
is
was
agreement
in
Thus, we find
knowing
therefore
valid
and
and
Blick, 408
waive[d]
the
right
to
appeal
the
conviction
and
any
that
sentence
whatsoever.
Both
was
determined)
Taylor
and
his
counsel
on
any
argue
ground
that
his
to
Taylor,
by
his
attorney.
As
Taylors
waiver
so
doing,
we
recognize
that
there
are
certain
and
potentially
meritorious
issues
for
review.
If
this
court
for
leave
to
withdraw
4
from
representation.
contentions
this
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
DISMISSED