UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 23-4383

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

VOLNA GALES,

Defendant - Appellant.

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

Wilmington. James C. Dever III, District Judge. (7:21-cr-00088-D-1)

Submitted: June 13, 2024 Decided: June 17, 2024

Before RUSHING and HEYTENS, Circuit Judges, and FLOYD, Senior Circuit Judge.

Affirmed in part and dismissed in part by unpublished per curiam opinion.

ON BRIEF: Joseph L. Bell Jr., BATTS, BATTS & BELL, LLP, Rocky Mount, 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Unpublished opinions are not binding precedent in this circuit.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:

Volna Gales pled guilty, pursuant to a written plea agreement, to distributing a 

quantity of cocaine base, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C). Gales’ counsel 

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

Gales’ sentence is procedurally and substantively reasonable. Gales has not filed a pro se 

supplemental brief after being advised of his right to do so.

The Government has filed a motion to dismiss the appeal on the ground that Gales’ 

appeal is barred by the appeal waiver included in the plea agreement. We review de novo 

the validity of an appeal waiver. United States v. Cohen, 888 F.3d 667, 678 (4th Cir. 2018). 

Where, as here, the Government seeks to enforce the appeal waiver and has not breached 

the plea agreement, we will enforce the waiver if it is valid and the issue being appealed 

falls within the waiver’s scope. United States v. Manigan, 592 F.3d 621, 627 (4th Cir. 

2010).

A defendant validly waives his appeal rights if he agreed to the waiver “knowingly 

and intelligently.” Id. To determine whether a waiver is knowing and intelligent, “we

consider the totality of the circumstances, including the experience and conduct of the 

defendant, his educational background, and his knowledge of the plea agreement and its 

terms.” United States v. McCoy, 895 F.3d 358, 362 (4th Cir. 2018) (internal quotation 

marks omitted). Generally, “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.” Id.

(internal quotation marks omitted).

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Upon review of the plea agreement and the transcript of the Rule 11 hearing, we 

conclude that Gales knowingly and voluntarily waived his right to appeal and that his 

challenge to his sentence falls squarely within the scope of the appellate waiver. While 

counsel questions if an appeal waiver can ever truly be voluntary, counsel’s argument is 

foreclosed by our precedent. 

Pursuant to Anders, we have reviewed the entire record and have found no 

meritorious issues for appeal that fall outside the scope of the appeal waiver. We therefore 

grant the Government’s motion to dismiss in part and dismiss the appeal as to all issues 

within the waiver’s scope. We affirm the remainder of the district court’s judgment. This 

court requires that counsel inform Gales, in writing, of the right to petition the Supreme 

Court of the United States for further review. If Gales 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 Gales.

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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