UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 13-4666

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

WILLIAM LEE PAIT, JR.,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Raleigh. W. Earl Britt, Senior

District Judge. (5:12-cr-00187-BR-1)

Submitted: August 1, 2014 Decided: September 3, 2014

Before MOTZ, GREGORY, and WYNN, Circuit Judges.

Dismissed in part; affirmed in part by unpublished per curiam 

opinion.

R. Clarke Speaks, SPEAKS LAW FIRM, Wilmington, North Carolina, 

for Appellant. Jennifer P. May-Parker, Assistant United States 

Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:

William Lee Pait, Jr., pled guilty, pursuant to a plea 

agreement, to production of child pornography, in violation of 

18 U.S.C. § 2251(a), (e) (2012), and was sentenced to 600

months’ imprisonment. On appeal, counsel has filed a brief 

pursuant to Anders v. California, 386 U.S. 738 (1967), asserting 

that there are no meritorious grounds for appeal but questioning 

the evidence admitted at sentencing and the reasonableness of 

Pait’s sentence. Pait was informed of his right to file a pro 

se brief but has not done so. The Government has filed a motion 

to dismiss this appeal on the ground that Pait knowingly and 

intelligently waived the right to appeal his sentence. For the 

reasons that follow, we dismiss in part and affirm in part.

In his plea agreement, Pait waived the right to appeal 

his sentence, except to the extent that it exceeded the 

Guidelines range established at sentencing. A defendant may 

waive the right to appeal if that waiver is knowing and 

intelligent and the issues raised on appeal fall within the 

waiver’s scope. United States v. Davis, 689 F.3d 349, 354-55

(4th Cir. 2012) (per curiam). The validity of an appeal waiver 

“ultimately is evaluated by reference to the totality of the 

circumstances.” United States v. Copeland, 707 F.3d 522, 528

(4th Cir. 2013) (quotation marks omitted). Generally, if the 

district court fully questions a defendant regarding the waiver 
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of his right to appeal during the Fed. R. Crim. P. 11 colloquy, 

the waiver is both valid and enforceable. Id. A review of the 

record reveals that the district court determined Pait was 

competent to plead guilty, had the opportunity to discuss his 

plea agreement with counsel, entered his guilty plea in the 

absence of threats or force, and understood the terms of his 

appeal waiver. Moreover, the sentence imposed did not exceed 

the advisory Sentencing Guidelines range. Thus, we conclude 

that Pait validly waived his right to appeal his sentence and 

that the claims raised on appeal fall within the scope of his 

waiver. See Davis, 689 F.3d at 354-55. Accordingly, we grant 

the Government’s motion to dismiss in part and dismiss the 

appeal of Pait’s sentence.

Although the waiver provision in the plea agreement 

precludes our review of Pait’s sentence, the waiver does not 

preclude our review of any errors in Pait’s conviction that may 

be revealed by our review pursuant to Anders. In accordance 

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

found no meritorious grounds for appeal. Thus, as to Pait’s 

conviction, we deny in part the Government’s motion to dismiss 

and affirm the conviction.

This court requires that counsel inform Pait, in 

writing, of his right to petition the Supreme Court of the 

United States for further review. If Pait requests that a 
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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 Pait. 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