United States v. Thomas Graham, No. 09-3270 (8th Cir. 2010)
Annotate this CaseCourt Description: Criminal case - Criminal law. Anders case. Defendant executed a valid waiver of his right to appeal, and his appeal of the reasonableness of his sentence is dismissed.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-3270 ___________ United States of America, Appellee, v. Thomas L. Graham, Appellant. * * * * Appeal from the United States * District Court for the * Western District of Missouri. * * [UNPUBLISHED] * ___________ Submitted: May 4, 2010 Filed: May 25, 2010 ___________ Before WOLLMAN, COLLOTON, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Thomas L. Graham was charged with possession of a stolen firearm, in violation of 18 U.S.C. ยงยง 922(j) and 924(a)(2). Graham pleaded guilty in accord with a written plea agreement, which contained an appeal waiver. The district court1 sentenced Graham to 115 months in prison, within the advisory Guidelines sentencing range. On appeal, counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the reasonableness of the sentence. 1 The Honorable Fernando J. Gaitan, Jr., Chief Judge, United States District Court for the Western District of Missouri. We will enforce the appeal waiver in this case because Graham s appeal falls within the scope of the waiver, the record shows the requisite knowledge and voluntariness, and enforcing the appeal waiver would not constitute a miscarriage of justice. See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (court should enforce appeal waiver and dismiss appeal where appeal falls within scope of waiver, both plea agreement and waiver were entered into knowingly and voluntarily, and no miscarriage of justice would result); see also United States v. Estrada-Bahena, 201 F.3d 1070, 1071 (8th Cir. 2000) (per curiam) (enforcing appeal waiver in Anders case). Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 80 (1988), we have found no nonfrivolous issue not covered by the waiver. Accordingly, we grant counsel leave to withdraw, and we dismiss this appeal. ______________________________ -22
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