UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 09-4555

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee, 

 v. 

DENNIS R. LUDOLPH, a/k/a Denny, 

 Defendant - Appellant. 

Appeal from the United States District Court for the Northern 

District of West Virginia, at Wheeling. Frederick P. Stamp, 

Jr., Senior District Judge. (5:09-cr-00003-FPS-JES-1) 

Submitted: December 15, 2009 Decided: December 17, 2009 

Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior 

Circuit Judge. 

Affirmed in part; dismissed in part by unpublished per curiam 

opinion. 

Lisa M. Hawrot, DINSMORE & SHOHL, LLP, Wheeling, West Virginia, 

for Appellant. John Castle Parr, Assistant United States 

Attorney, Wheeling, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

 Dennis R. Ludolph pled guilty to conspiracy to 

distribute oxycodone and was sentenced to 151 months in prison. 

Ludolph’s counsel has filed a brief, pursuant to Anders v. 

California, 386 U.S. 738 (1967), explaining that she found no 

meritorious grounds for appeal, but suggesting that the court 

review the adequacy of the Fed. R. Crim. P. 11 hearing. 

Although informed of his right to do so, Ludolph has not filed a 

pro se supplemental brief. The Government moves to dismiss the 

appeal on the basis of Ludolph’s waiver of appellate rights 

contained in his plea agreement. Finding no error, we affirm in 

part and dismiss in part. 

 A defendant may waive the right to appeal if that 

waiver is knowing and intelligent. United States v. Blick, 408 

F.3d 162, 169 (4th Cir. 2005). Generally, if the district court 

fully questions a defendant regarding the waiver of his right to 

appeal during the Rule 11 colloquy, the waiver is both valid and 

enforceable. See United States v. Johnson, 410 F.3d 137, 151 

(4th Cir. 2005). 

 The district court informed Ludolph of the waiver at 

the Rule 11 hearing, and Ludolph stated that he understood. 

Moreover, Ludolph stated that he read and understood the plea 

agreement, which contained an explicit waiver of the right to 

appeal from his sentence, except in certain limited 

2 
circumstances not relevant here. On appeal, Ludolph does not 

challenge the voluntariness or the validity of the waiver. 

Therefore, we find that Ludolph knowingly and intelligently 

waived the right to appeal his sentence. However, because 

Ludolph only waived the right to appeal his sentence, and not 

his conviction, we grant the Government’s motion in part, deny 

it in part, and consider counsel’s issue on the merits. 

 Turning to Ludolph’s challenge to the Rule 11 hearing, 

the record reveals that the district court fully complied with 

the Rule 11 requirements during the plea colloquy, ensuring that 

Ludolph’s plea was knowing and voluntary, that he understood the 

rights he was giving up by pleading guilty and the sentence he 

faced, and that he committed the offense to which he was 

pleading guilty. Because no error was committed during the Rule 

11 hearing, and since Ludolph’s plea was knowing, voluntary, and 

supported by a sufficient factual basis, we affirm his 

conviction. 

 We have carefully reviewed the record in accordance 

with Anders and have found no meritorious issues for appeal not 

covered by the waiver. Accordingly, we affirm Ludolph’s 

conviction and dismiss the appeal of his sentence. This court 

requires that counsel inform Ludolph in writing of his right to 

petition the Supreme Court of the United States for further 

review. If Ludolph requests that a petition be filed, but 

3 
4 

counsel believes that such a petition would be frivolous, then 

counsel may motion this court for leave to withdraw from 

representation. Counsel's motion must state that a copy thereof 

was served on Ludolph. We dispense with oral argument because 

the facts and legal contentions are adequately presented in the 

materials before the court and argument would not aid the 

decisional process. 

AFFIRMED IN PART; 

DISMISSED IN PART