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United States v. Cornelius Hayes, 4th Cir. (2013)
United States v. Cornelius Hayes, 4th Cir. (2013)
No. 13-4064
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Henry E. Hudson, District
Judge. (3:12-cr-00046-HEH-1)
Submitted:
August 9, 2013
Decided:
PER CURIAM:
Cornelius Ivan Hayes pled guilty, pursuant to a plea
agreement, to use of a firearm in a crime of violence causing
the
death
of
another
person,
in
violation
of
18
U.S.C.
Hayes
and
knowingly
whether
and
the
voluntarily
district
court
waived
erred
his
in
right
applying
to
a
on
the
ground
that
Hayes
knowingly
and
intelligently
For the
his
plea
agreement,
Hayes
waived
the
right
to
A defendant
522, 528 (4th Cir. 2013), petition for cert. filed, ___ U.S.L.W.
___ (U.S. May 28, 2013) (No. 12-10514) (internal quotation marks
omitted).
Id.
that
Hayes
validly
waived
his
right
to
Thus, we
appeal
his
Id. (providing
standard).
Accordingly,
we
grant
the
Governments
motion
to
as
to
any
issue
for
which
waiver
is
legally
Johnson, 410 F.3d 137, 151 (4th Cir. 2005) (naming issues not
waived by appellate waiver).
of
court
his
requires
right
to
that
petition
counsel
the
inform
Supreme
Hayes,
Court
of
in
the
We dispense with
oral
contentions
argument
adequately
because
presented
in
the
the
facts
and
materials
legal
before
this
court
are
and