Court filing

Fourth Circuit Order Dismissing Appeal — United States v. Monica Faye Barnes (E.D.N.C.)

Summary

An Order of the United States Court of Appeals for the Fourth Circuit filed March 21, 2024 in No. 23-4525 (5:23-cr-00094-D-2), United States of America v. Monica Faye Barnes. The order states that Barnes seeks to appeal her twelve-month-and-one-day sentence imposed upon her conviction, following her guilty plea, to conspiracy to commit wire fraud, 18 U.S.C. §§ 1343, 1349. It states that the Government moved to dismiss the appeal as barred by the waiver of the right to appeal in the plea agreement, concludes that Barnes knowingly and voluntarily waived that right, grants the motion to dismiss and dismisses the appeal. It denies Barnes' motion to remand for consideration of a motion for reduction of sentence under 18 U.S.C. § 3582(c) and states that the mandate shall issue forthwith.

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Filed March 21, 2024 in U.S. v. Barnes; one of 25 filings from this case.

Record facts

Court	U.S. District Court, Eastern District of North Carolina
Filed	2024-03-21

Cite this document

“Fourth Circuit Order Dismissing Appeal — United States v. Monica Faye Barnes (E.D.N.C.).” U.S. District Court, Eastern District of North Carolina, No. 5:23-cr-00094-D, Doc. 83, filed 2024-03-21. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/us-v-barnes-nced/2024-03-21-appellate-order-monica-barnes/, SHA-256 ef5ce3f7c94b227ed15df7fd2d02da4e077991b598c80b0b64eafd1252eabe6f.

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Full text

FILED: March 21, 2024

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 23-4525
(5:23-cr-00094-D-2)

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

MONICA FAYE BARNES,

Defendant - Appellant.

O R D E R

Monica Faye Barnes seeks to appeal her twelve-month-and-one-day sentence
imposed upon her conviction, following her guilty plea, to conspiracy to commit wire
fraud, 18 U.S.C. §§ 1343, 1349. The Government has moved to dismiss the appeal as
barred by Barnes’ waiver of the right to appeal included in the plea agreement. Upon
review of the record, we conclude that Barnes knowingly and voluntarily waived her right
to appeal and that the issues Barnes seeks to raise in her appellate brief fall squarely within
the scope of the waiver. Accordingly, we grant the Government’s motion to dismiss and
dismiss the appeal.
USCA4 Appeal: 23-4525 Doc: 32 Filed: 03/21/2024 Pg: 1 of 2
Case 5:23-cr-00094-D Document 83 Filed 03/21/24 Page 1 of 2

Barnes also has filed a motion to remand for consideration of a motion for reduction
of sentence under 18 U.S.C. § 3582(c), based on Amendment 821 to the Sentencing
Guidelines, that is pending before the district court. Upon dismissal of this appeal and
issuance of the mandate, jurisdiction will vest in the district court. We therefore deny the
motion to remand. The mandate shall issue forthwith.

Entered at the direction of the panel: Judge Wilkinson, Judge King, and Senior
Judge Traxler.

For the Court

/s/ Nwamaka Anowi, Clerk

USCA4 Appeal: 23-4525 Doc: 32 Filed: 03/21/2024 Pg: 2 of 2
Case 5:23-cr-00094-D Document 83 Filed 03/21/24 Page 2 of 2

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