United States v. Troy Brown, III

163 F. App'x 452

• Court: Court of Appeals for the Eighth Circuit
• Decided: February 8, 2006
• Docket: 05-1890
• Status: Unpublished

Opinion

PER CURIAM.

Troy Brown, III pleaded guilty to using a communication facility to facilitate the possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 843(b). The district court 1 sentenced him to 48 months in prison and a year of supervised release. On appeal, Brown’s counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

Having reviewed the record independently pursuant to Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we conclude that there are no non-frivolous issues for appeal. Brown entered a valid guilty plea that forecloses non-jurisdictional attacks on his conviction, see United States v. Beck, 250 F.3d 1163, 1166 (8th Cir.2001), and his plea agreement contains a valid appeal waiver that forecloses attacks on his sentence, see United States v. Andis, 333 F.3d 886, 889-90 (8th Cir.) (en banc), cert. denied, 540 U.S. 997, 124 S.Ct. 501, 157 L.Ed.2d 398 (2003). Accordingly, we enforce the appeal waiver and dismiss this appeal. Counsel’s motions to supplement the record and to withdraw are granted.

1 . The Honorable Rodney W. Sippel, United States District Judge for the Eastern District of Missouri.