United States v. Bradwin Wymore

• Court: Court of Appeals for the Eighth Circuit
• Decided: April 27, 2023
• Docket: 22-2799
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 22-2799 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Bradwin Earl Wymore

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the District of North Dakota ____________

Submitted: March 16, 2023 Filed: April 27, 2023 [Unpublished] ____________

Before COLLOTON, BENTON, and GRASZ, Circuit Judges. ____________

PER CURIAM.

Bradwin Wymore appeals the sentence imposed by the district court1 after he pled guilty to child-exploitation offenses, pursuant to a plea agreement containing an

1 The Honorable Daniel M. Traynor, United States District Judge for the District of North Dakota. appeal waiver. His counsel moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the district court’s order of restitution.

Upon careful review, we conclude the appeal waiver is valid, enforceable, and applicable to the issue raised in this appeal. See United States v. Schulte, 436 F.3d 849, 850 (8th Cir. 2006) (reviewing de novo the validity and applicability of appeal waiver to restitution); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (enforcing appeal waiver if appeal falls within scope of waiver, defendant knowingly and voluntarily entered into plea agreement and waiver, and it would not result in miscarriage of justice).

Further, having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no non-frivolous issues for appeal outside the scope of the appeal waiver. Accordingly, we dismiss this appeal based on the appeal waiver, and we grant counsel’s motion to withdraw. ______________________________

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