United States v. Russell Hibbert

Opinion

United States Court of Appeals For the Eighth Circuit

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No. 19-1974

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United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Russell Hibbert

lllllllllllllllllllllDefendant - Appellant

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Appeal from United States District Court for the Eastern District of Missouri - St. Louis

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Submitted: January 30, 2020 Filed: February 12, 2020

[Unpublished]

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Before SHEPHERD, STRAS, and KOBES, Circuit Judges.

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PER CURIAM.

Russell Hibbert appeals the district court’s1 denial of the pro se postjudgment motion he filed in his criminal case to offset his restitution balance, after he pleaded

1 The Honorable John A. Ross, United States District Judge for the Eastern District of Missouri.

guilty to conspiring to commit wire fraud under a plea agreement containing a waiver of his appeal and post-conviction rights.

Upon careful review, we conclude that the waiver is valid, enforceable, and applicable to the issue raised in this appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (validity and applicability of an appeal waiver is reviewed de novo); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (appeal waiver will be enforced if the appeal falls within the scope of the waiver, the defendant knowingly and voluntarily entered into the plea agreement and the waiver, and enforcing the waiver would not result in a miscarriage of justice). Accordingly, we dismiss this appeal based on the appeal waiver.

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