United States v. Gregory Jerome Cree, No. 05-2927 (8th Cir. 2006)

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Court Description: Criminal case - criminal law. Court will enforce the broad appeal waiver contained in defendant's plea agreement, and the appeal is dismissed.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-2927 ___________ United States of America, Appellee, v. Gregory Jerome Cree, Appellant. * * * * Appeal from the United States * District Court for the * District of North Dakota. * * [UNPUBLISHED] * ___________ Submitted: October 6, 2006 Filed: October 11, 2006 ___________ Before RILEY, COLLOTON, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Gregory Cree appeals the sentence imposed by the district court1 after he pleaded guilty, pursuant to a plea agreement, to a one-count information charging him with abusive sexual contact, in violation of 18 U.S.C. ยงยง 2244(a)(2), (c), 2247 and 1153. His counsel seeks to withdraw and argues in a brief filed under Anders v. California, 386 U.S. 738 (1967), that imposing the statutory maximum prison term (144 months) was unreasonable. 1 The Honorable Daniel L. Hovland, Chief Judge, United States District Court for the District of North Dakota. We enforce the broad appeal waiver included in the plea agreement: the plea colloquy reflects that Cree understood and voluntarily accepted the terms of the plea agreement, including the waiver; this appeal falls within the scope of the waiver, as the sentence did not exceed the advisory Guidelines range or the statutory maximum; and no injustice would result from enforcing the waiver. See United States v. Andis, 333 F.3d 886, 889-90 (8th Cir. 2003) (en banc) (discussing enforceability of appeal waiver); see also United States v. Estrada-Bahena, 201 F.3d 1070, 1071 (8th Cir. 2000) (per curiam) (enforcing appeal waiver in Anders case). Accordingly, we dismiss the appeal and we grant counsel leave to withdraw. ______________________________ -2-

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