United States v. Brittany Frierson, No. 16-4104 (8th Cir. 2017)
Annotate this CaseCourt Description: Per Curiam - Before Wollman, Murphy and Kelly, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant signed a valid appeal waiver and there are no nonfrivolous issues outside the scope of the waiver; the appeal is dismissed. [ August 23, 2017
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-4104 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Brittany Frierson lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Arkansas - Texarkana ____________ Submitted: August 18, 2017 Filed: August 25, 2017 [Unpublished] ____________ Before WOLLMAN, MURPHY, and KELLY, Circuit Judges. ____________ PER CURIAM. Brittany Frierson directly appeals after she pleaded guilty to a drug charge, pursuant to a plea agreement that contained an appeal waiver, and the district court1 1 The Honorable Susan O. Hickey, United States District Judge for the Western District of Arkansas. sentenced her to a below-Guidelines-range prison term. Her counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967). We have reviewed the record to determine whether the appeal waiver is valid, see United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review of validity of appeal waiver), and whether there are any nonfrivolous issues for appeal, see Penson v. Ohio, 488 U.S. 75 (1988) (independent review of record in Anders cases). We conclude that the appeal waiver is valid and enforceable and that there are no nonfrivolous issues outside the scope of the waiver. See United States v. Andis, 333 F.3d 886, 890-92 (8th Cir. 2003) (en banc) (discussing enforcement of appeal waivers). We grant counsel’s motion to withdraw, and we dismiss the appeal. ______________________________ -2-
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