United States v. Walter Sorrells, No. 16-2516 (8th Cir. 2017)
Annotate this CaseCourt Description: Per Curiam - Before Colloton, Arnold and Kelly, Circuit Judges] Criminal case. Anders case. Defendant's appeal waiver is enforceable and applies to the issues he raises in this appeal; the appeal is therefore dismissed.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-2516 ___________________________ United States of America, lllllllllllllllllllll Plaintiff - Appellee, v. Walter Deandre Sorrells, lllllllllllllllllllll Defendant - Appellant. ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: February 10, 2017 Filed: February 24, 2017 [Unpublished] ____________ Before COLLOTON, ARNOLD, and KELLY, Circuit Judges. ____________ PER CURIAM. Walter Sorrells appeals after he pleaded guilty to drug and money-laundering charges, pursuant to a binding Federal Rule of Criminal Procedure 11(c)(1)(C) plea agreement that contained an appeal waiver, and the district court1 imposed the agreed-upon sentence, which was below the calculated Guidelines range. His counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967), acknowledging the appeal waiver and raising issues related to Sorrells’s conviction and sentence. Sorrells has not filed a supplemental brief. We conclude that the appeal waiver is enforceable and applicable to the issues raised in this appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review of validity and applicability of appeal waiver); United States v. Andis, 333 F.3d 886, 890-92 (8th Cir. 2003) (en banc) (discussing enforcement of appeal waivers). Furthermore, we have independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal outside the scope of the waiver. Accordingly, we grant counsel’s motion, and we dismiss this appeal. ______________________________ 1 The Honorable Greg Kays, Chief Judge, United States District Court for the Western District of Missouri. -2-
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