United States v. Glen Dowell

── United States v. Glen Dowell ── Court: Court of Appeals for the Fourth Circuit Date: April 08, 2026 Category: General USCA4 Appeal: 23-4355 Doc: 46 Filed: 04/08/2026 Pg: 1 of 5 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 23-4355 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. GLEN RAY DOWELL, a/k/a Glenn Ray Dowell, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Danville. Elizabeth K. Dillon, Chief District Judge. (4:21-cr-00010-EKD-1) Submitted: February 27, 2026 Decided: April 8, 2026 Before RICHARDSON, HEYTENS, and BERNER, Circuit Judges. Dismissed in part, affirmed in part by unpublished per curiam opinion. ON BRIEF: Charles M. Henter, HENTERLAW, PLC, Charlottesville, Virginia, for Appellant. Zachary T. Lee, Acting United States Attorney, Jonathan Jones, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-4355 Doc: 46 Filed: 04/08/2026 Pg: 2 of 5 PER CURIAM: Glen Dowell pled guilty pursuant to a written plea agreement to one count of distribution of five grams or more of methamphetamine in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B), one count of possession with intent to distribute a measurable quantity of cocaine in violation of 21 U.S.C.§ (a)(1), (b)(1)(C), and one information charging possession of a firearm in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924(c). The court sentenced him to a total term of 120 months’ imprisonment. Counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), stating that there are no meritorious issues for appeal, but questioning (1) whether the district court erred in denying Dowell’s motion to withdraw his guilty plea, (2) whether the court erred in refusing to allow defense counsel to withdraw in February 2023, and (3) whether the court erred in punishing Dowell for his firearms offense because the Second Amendment prohibits the federal government from penalizing firearm possession combined with any cocaine sales. Dowell was informed of his right to file a pro se supplemental brief but has not done so. In response to the Court’s direction, the parties filed merits briefs on issue (3), and the Government moved to dismiss that issue based on the plea waiver in Dowell’s plea agreement. We review for abuse of discretion the denial of a motion to withdraw a guilty plea. United States v. Nicholson, 676 F.3d 376, 383 (4th Cir. 2012). “A defendant has no absolute right to withdraw a guilty plea . . . .” Id. at 383-84 (internal quotation marks omitted). To withdraw a guilty plea prior to sentencing, a defendant must “show a fair and just reason for requesting the withdrawal.” Fed. R. Crim. P. 11(d)(2)(B). Further, the defendant “bears the burden of demonstrating that withdrawal should be granted.” United States v. Thompson-Riviere, 561 F.3d 345, 348 (4th Cir. 2009) (internal quotation marks omitted); see Nicholson, 676 F.3d at 384 (discussing factors courts consider in evaluating a motion to withdraw a guilty plea). 2 USCA4 Appeal: 23-4355 Doc: 46 Filed: 04/08/2026 Pg: 3 of 5 Counsel argues that Dowell was in a compromised emotional state when he signed the plea agreeme