United States v. Stephen T. Anderson, No. 05-3777 (8th Cir. 2007)

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Court Description: Criminal case - criminal law. Defendant executed a valid appeal waiver as part of his plea agreement, and the appeal is dismissed.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-3777 ___________ United States of America, Appellee, v. Stephan Troy Anderson, Appellant. * * * * Appeal from the United States * District Court for the * District of North Dakota. * * [UNPUBLISHED] * ___________ Submitted: January 5, 2007 Filed: January 11, 2007 ___________ Before RILEY, COLLOTON, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Stephan Troy Anderson appeals the sentence the district court1 imposed after he pleaded guilty to a drug conspiracy. In a brief filed under Anders v. California, 386 U.S. 738 (1967), his counsel raises the contention that the charge should be dismissed because Anderson was the only person named in the information charging a conspiracy with persons both known and unknown, and one cannot conspire with oneself. 1 The Honorable Ralph R. Erickson, United States District Judge for the District of North Dakota. We enforce the broad appeal waiver included in Anderson s plea agreement: the plea colloquy reflects that Anderson understood and voluntarily accepted the terms of the plea agreement, including the waiver; this appeal falls within the scope of the waiver; and no injustice would result. See United States v. Andis, 333 F.3d 886, 88992 (8th Cir. 2003) (en banc) (discussing enforceability of 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). Accordingly, we dismiss the appeal. We grant counsel s motion to withdraw. ______________________________ -2-

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