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U.S. v. MANIGAN

No. 08-4292.

592 F.3d 621 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth MANIGAN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 26, 2010.

Attorney(s) appearing for the Case

ARGUED: Joseph Bradley Bennett, Salvini & Bennett, LLC, Greenville, South Carolina, for Appellant. William J. Watkins, Jr., Office of the United States Attorney, Greenville, South Carolina, for Appellee. ON BRIEF: Jessica Salvini, Salvini & Bennett, LLC, Greenville, South Carolina, for Appellant. W. Walter Wilkins, United States Attorney, Columbia, South Carolina, E. Jean Howard, Assistant United States Attorney, Office of the United States Attorney, Greenville, South Carolina, for Appellee.

Affirmed by published opinion. Judge KING wrote the opinion, in which Judge AGEE joined. Judge MICHAEL wrote a separate opinion concurring in part and dissenting in part.

OPINION

KING, Circuit Judge:

Kenneth Manigan pursues this appeal from his sentence in the District of South Carolina on three convictions for possession with intent to distribute cocaine, in contravention of 21 U.S.C. § 841(a)(1). Two contentions are presented for our consideration. First, the Government maintains that Manigan waived his right of appeal, precluding our review of any assertion of sentencing error. Second, Manigan contends that he is...

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