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United States v. McLaughlin

United States Court of Appeals, Fourth Circuit

February 16, 2016

UNITED STATES OF AMERICA, Plaintiff - Appellee,
v.
TINEKA S. MCLAUGHLIN, Defendant - Appellant,

Argued January 28, 2016

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. (5:14-cr-00057-F-1). James C. Fox, Senior District Judge.

ARGUED:

Eric Joseph Brignac, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellant.

Phillip Anthony Rubin, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

ON BRIEF:

Thomas P. McNamara, Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellant.

Thomas G. Walker, United States Attorney, Jennifer P. May-Parker, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Before WILKINSON, DIAZ, and THACKER, Circuit Judges.

OPINION

Page 203

WILKINSON, Circuit Judge

This case concerns the proper construction of a waiver of appellate rights signed by Tineka McLaughlin as part of her plea agreement. She argues that despite the waiver, she is still allowed to challenge on appeal the district court's imposition of a four-level role-in-the-offense enhancement under Section 3B1.1(a) of the United States Sentencing Guidelines. For the reasons that follow, we believe the issue was within the scope of her waiver. We accordingly dismiss this appeal.

I.

Tineka McLaughlin pleaded guilty to bank fraud in violation of 18 U.S.C. ยง 1344 after she participated in an ATM fraud scheme in Fayetteville, North Carolina. As ...


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