UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 23-4697

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

RAYMOND LAWERENCE BROWN, a/k/a 031,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at 

Raleigh. Louise W. Flanagan, District Judge. (5:20-cr-00141-FL-1)

Submitted: September 19, 2024 Decided: September 23, 2024

Before NIEMEYER, RICHARDSON, and HEYTENS, Circuit Judges.

Affirmed in part and dismissed in part by unpublished per curiam opinion.

ON BRIEF: Mitchell G. Styers, BANZET, THOMPSON, STYERS & MAY, PLLC, 

Warrenton, North Carolina, for Appellant. David A. Bragdon, Assistant United States 

Attorney, Kristine L. Fritz, Assistant United States Attorney, OFFICE OF THE UNITED 

STATES ATTORNEY, Raleigh, North Carolina, for Appellee. 

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:

Raymond Lawerence Brown pled guilty, pursuant to a written plea agreement, to 

possession with intent to distribute a quantity of cocaine, in violation of 21 U.S.C. 

§ 841(a)(1), (b)(1)(C). The district court sentenced him to 240 months’ imprisonment. On 

appeal, counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), 

stating that there are no meritorious grounds for appeal but questioning whether Brown’s 

sentence is procedurally and substantively reasonable. Although informed of his right to 

do so, Brown has not filed a pro se supplemental brief. The Government moves to dismiss 

Brown’s appeal pursuant to the appellate waiver in his plea agreement. We affirm in part 

and dismiss in part. 

“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 [Fed. R. Crim. P.] 11 colloquy 

and the record indicates that the defendant understood the full significance of the waiver, 

the waiver is valid.” United States v. McCoy, 895 F.3d 358, 362 (4th Cir. 2018) (internal 

quotation marks omitted). 

Our review of the record, including the plea agreement and the transcript of the Rule 

11 hearing, confirms that Brown knowingly and intelligently waived his right to appeal his 

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conviction and sentence, with limited exceptions not applicable here. We therefore 

conclude that the waiver is valid and enforceable. Furthermore, the sentencing issues 

raised in the Anders brief fall squarely within the waiver’s scope. 

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

found no potentially meritorious grounds for appeal outside the scope of Brown’s valid 

appellate waiver. We therefore grant the Government’s motion to dismiss in part and 

dismiss the appeal as to all issues covered by the waiver. We deny the motion in part and 

otherwise affirm. 

This court requires that counsel inform Brown, in writing, of the right to petition the 

Supreme Court of the United States for further review. If Brown 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 Brown. 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

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