United States v. Marcus Chiles

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 16-1478 ___________________________

United States of America

lllllllllllllllllllll Plaintiff - Appellee

v.

Marcus Chiles

lllllllllllllllllllll Defendant - Appellant ____________

Appeal from United States District Court for the District of Nebraska - Omaha ____________

Submitted: December 30, 2016 Filed: January 5, 2017 [Unpublished] ____________

Before SHEPHERD, ARNOLD, and KELLY, Circuit Judges. ____________

PER CURIAM. Marcus Chiles appeals the sentence the district court1 imposed after he pleaded guilty to a drug charge. His counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the length of the sentence.

Chiles pleaded guilty after entering into a written plea agreement containing an appeal waiver. We conclude that the appeal waiver is enforceable. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review of validity and applicability of appeal waiver); United States v. Andis, 333 F.3d 886, 890-92 (8th Cir. 2003) (en banc) (discussing enforcement of appeal waivers). Furthermore, we have independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal. Accordingly, we grant counsel’s motion, and we dismiss this appeal. ______________________________

1 The Honorable Joseph F. Bataillon, United States District Judge for the District of Nebraska.

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