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U.S. v. McCOY

No. 17-4117.

895 F.3d 358 (2018)

UNITED STATES of America, Plaintiff-Appellee, v. Alex Lenard McCOY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 13, 2018.

Attorney(s) appearing for the Case

ARGUED: James W. Kilbourne, Jr. , DUNGAN, KILBOURNE & STAHL, PA, Asheville, North Carolina, for Appellant. Anthony Joseph Enright , OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee. ON BRIEF: R. Andrew Murray , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Dismissed in part and affirmed by published opinion. Judge Diaz wrote the opinion, in which Judge Niemeyer and Judge Wynn joined.

Alex Lenard McCoy pleaded guilty, pursuant to a plea agreement, to a federal drug trafficking conspiracy. In the agreement, McCoy waived his right to appeal his conviction and "whatever sentence is imposed," except on the basis of ineffective assistance of counsel and prosecutorial misconduct. Despite this waiver, McCoy now...

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