UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 16-4107

UNITED STATES OF AMERICA,

 Plaintiff – Appellee,

v.

APRIL LYNN LOCKLEAR,

 Defendant - Appellant.

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Wilmington. James C. Dever, III, 

Chief District Judge. (7:15-cr-00033-D-1)

Submitted: September 29, 2016 Decided: October 3, 2016

Before SHEDD, KEENAN, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Thomas P. McNamara, Federal Public Defender, Stephen C. Gordon, 

Assistant Federal Public Defender, Raleigh, 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Unpublished opinions are not binding precedent in this circuit.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:

April Lynn Locklear pled guilty, pursuant to a plea 

agreement, to conspiracy to make false bank entries, in 

violation of 18 U.S.C. §§ 371, 1005 (2012), and the district 

court imposed a downward variant sentence of 24 months’ 

imprisonment. 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 the 

district court erred in applying a sentencing enhancement for 

obstruction of justice. Locklear was informed of her right to 

file a pro se informal brief, but chose not to do so. The 

Government moves to dismiss the appeal pursuant to the appeal 

waiver provision in Locklear’s plea agreement. For the reasons 

that follow, we grant the motion and dismiss the appeal.

“We review the validity of an appeal waiver de novo, and 

will enforce the waiver if it is valid and the issue appealed is 

within the scope of the waiver.” United States v. Copeland, 707 

F.3d 522, 528 (4th Cir. 2013) (internal quotation marks 

omitted). “The validity of an appeal waiver depends on whether 

the defendant knowingly and intelligently agreed to waive the 

right to appeal.” United States v. Blick, 408 F.3d 162, 169 

(4th Cir. 2005). To determine whether a waiver is knowing and 

intelligent, we examine “the totality of the circumstances 

. . . , including the background, experience, and conduct of the 
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accused.” Id. (internal quotation marks omitted). “Generally, 

if a district court questions a defendant regarding the waiver 

of appellate rights during the [plea] colloquy and the record 

indicates that the defendant understood the full significance of 

the waiver, the waiver is valid.” Copeland, 707 F.3d at 528 

(internal quotation marks omitted).

The language of the appeal waiver in Locklear’s plea 

agreement is clear and unambiguous, and the record reveals that 

Locklear understood the full significance of the waiver. The 

court also confirmed that Locklear was competent to plead guilty 

and was entering her plea in the absence of threats, force, or 

promises outside of those contained in the plea agreement. 

Accordingly, we conclude that Locklear’s appeal waiver is valid 

and enforceable.

We also conclude that Locklear’s challenge to the 

obstruction of justice enhancement falls squarely within the 

scope of the waiver. We have thoroughly reviewed the record in 

accordance with Anders and have identified no potentially 

meritorious issues that fall outside the scope of the appeal 

waiver. We therefore grant the Government’s motion and dismiss 

Locklear’s appeal. This court requires that counsel inform 

Locklear, in writing, of her right to petition the Supreme Court 

of the United States for further review. If Locklear requests 

that a petition be filed, but counsel believes that such a 
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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 Locklear. 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