United States v. James L. Anderson, No. 05-1163 (8th Cir. 2006)
Annotate this CaseCourt Description: Criminal case - Sentencing. The district court sentenced defendant consistent with the parties' plea agreement, and defendant cannot now argue that the sentence to which he voluntarily and explicitly exposed himself is too harsh.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-1163 ___________ United States of America, Appellee, v. James L. Anderson, Appellant. * * * * Appeal from the United States * District Court for the * District of Nebraska. * * [UNPUBLISHED] * ___________ Submitted: September 18, 2006 Filed: September 25, 2006 ___________ Before RILEY, COLLOTON, and GRUENDER, Circuit Judges. ___________ PER CURIAM. James L. Anderson appeals the sentence that the district court1 imposed after he pleaded guilty to two counts of robbing a federally insured bank, in violation of 18 U.S.C. § 2113(a), and one count of brandishing a firearm during one of the robberies, in violation of 18 U.S.C. § 924(c)(1)(A)(ii). On appeal, counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), in which he argues that the sentence imposed is too harsh, and that Anderson should 1 The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska. have received a sentence reduction in light of his role in the bank robberies as an aider and abettor. Anderson may not, however, challenge his sentence as too severe, because the district court sentenced him consistent with the parties plea agreement. See United States v. Nguyen, 46 F.3d 781, 783 (8th Cir. 1995) ( A defendant who explicitly and voluntarily exposes himself to a specific sentence may not challenge that punishment on appeal. ). Further, we have carefully reviewed the record in accordance with Penson v. Ohio, 488 U.S. 75 (1988), and have found no nonfrivolous issues. Accordingly, we affirm the district court s judgment, and we grant counsel leave to withdraw. We also deny Anderson s motions for appointment of new counsel. ______________________________ -2-
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