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

Record facts

U.S. District Court, Eastern District of North Carolina · No. 5:23-cr-00094-D · Doc. 83 · 2024-03-21 · Docket on CourtListener

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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, 
 
 
 
v. 
 
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. 
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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 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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Case 5:23-cr-00094-D     Document 83     Filed 03/21/24     Page 2 of 2

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