United States v. Brian Bear Heels, No. 05-3294 (8th Cir. 2006)
Annotate this CaseCourt Description: Criminal case - Criminal law. Defendant's plea agreement contained a valid appeal waiver, and the appeal is dismissed.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-3294 ___________ United States of America, Appellee, v. Brian Bear Heels, Appellant. * * * * Appeal from the United States * District Court for the * District of South Dakota. * * [UNPUBLISHED] * ___________ Submitted: October 20, 2006 Filed: October 31, 2006 ___________ Before SMITH, MAGILL, and BENTON, Circuit Judges. ___________ PER CURIAM. Brian Bear Heels appeals the sentence the district court1 imposed after he pleaded guilty to second degree murder, in violation of 18 U.S.C. ยงยง 1153, 1111, and 2. His counsel has filed a brief under Anders v. California, 386 U.S. 738 (1967); Bear Heels objects to counsel s request to withdraw. Bear Heels s plea agreement contains a valid appeal waiver. See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (discussing enforceability of 1 The Honorable Charles B. Kornmann, United States District Judge for the District of South Dakota. 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). Having reviewed the record independently pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), for any nonfrivolous issues not covered by the appeal waiver, we find none. Accordingly, we enforce the waiver, and dismiss the appeal. We also grant counsel leave to withdraw. ______________________________ -2-
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