We therefore affirm the district court’s judgment. This Court requires that counsel inform Hernandez, in writing, of the right to petition the Supreme Court of the United States for further review. If Hernandez requests that a petition be filed, but counsel believes that such a petition would be frivolous, then counsel may move in this Court for leave to withdraw from representation. Counsel’s motion must state that a copy thereof was served on Hernandez. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this Court and argument would not aid the decisional process. AFFIRMED. * The Government has not sought enforcement of the waiver of appellate rights. See United States v. Poindexter, 492 F.3d 263, 271 (4th Cir.2007)
recognizing that the government may file a responsive brief raising the appellate waiver issue or do nothing and allow this court to perform the anders review holding that failure to include an issue in statement of issues did not bar the appellant from raising the issue in its opening brief holding that failure to raise issue in brief constitutes waiver of appeal of the issue recognizing that failing to list an issue in the appropriate section of the appellate brief may result in waiver recognizing that the specific argument regarding an issue must be made in the trial court to preserve that issue for appellate review