United States v. Dwayne Gerard, Sr., No. 22-3614 (8th Cir. 2023)
Annotate this CaseCourt Description: [Per Curiam - Before Colloton, Grasz, and Kobes, Circuit Judges] Criminal case - Criminal law. Defendant waived his right to appeal his sentence as part of his plea agreement, and it would not constitute a miscarriage of justice to enforce the waiver.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 22-3614 ___________________________ United States of America Plaintiff - Appellee v. Dwayne Warren Gerard, Sr. Defendant - Appellant ____________ Appeal from United States District Court for the District of North Dakota - Western ____________ Submitted: September 18, 2023 Filed: October 31, 2023 [Unpublished] ____________ Before COLLOTON, GRASZ, and KOBES, Circuit Judges. ____________ PER CURIAM. Dwayne Gerard pleaded guilty to sexually exploiting children, 18 U.S.C. § 2251(a), (e). His only claim of error is that his sentence is substantively unreasonable. He concedes that he waived his right to appeal in his plea agreement but argues that enforcing the waiver would result in a miscarriage of justice. See United States v. Andis, 333 F.3d 886, 889–90 (8th Cir. 2003) (en banc). Although the district court1 imposed a sentence two to three times greater than what the parties recommended, it is still a below-Guidelines sentence. So enforcing the waiver would not work a miscarriage of justice. See United States v. Pierre, 912 F.3d 1137, 1143–44 (8th Cir. 2019). We dismiss the appeal. ______________________________ 1 The Honorable Daniel L. Hovland, United States District Judge for the District of North Dakota. -2-
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