United States v. Rebecca S. Shriver, No. 05-4126 (8th Cir. 2006)
Annotate this CaseCourt Description: Criminal case - Criminal law. Defendant's plea agreement contained a valid, enforceable appeal waiver, and the appeal is dismissed.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-4126 ___________ United States of America, Appellee, v. Rebecca S. Shriver, Appellant. * * * * Appeal from the United States * District Court for the * Western District of Missouri. * * [UNPUBLISHED] * ___________ Submitted: November 6, 2006 Filed: November 9, 2006 ___________ Before MURPHY, BYE, and MELLOY, Circuit Judges. ___________ PER CURIAM. Rebecca Shriver appeals the sentence the district court1 imposed after she pleaded guilty to distributing methamphetamine, in violation of 21 U.S.C. ยง 841(a)(1) and (b)(1)(C). Her counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967). Shriver s plea agreement contains a valid appeal waiver. See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (discussing enforceability of 1 The Honorable Richard E. Dorr, United States District Judge for the Western District of Missouri. 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). Having reviewed the record independently pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), for any nonfrivolous issues not covered by the appeal waiver, we find none. Accordingly, we enforce the waiver and dismiss the appeal. We also grant counsel leave to withdraw. ______________________________ -2-
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