United States v. Michael Conner, No. 08-3009 (8th Cir. 2009)
Annotate this CaseCourt Description: Criminal Case - Anders. Challenge to imposition of Guidelines sec. 2G2.2(b)(4) enhancement falls within scope of appeal waiver in Conner's plea agreement, pleas was knowing and voluntary, and enforcement would not result in miscarriage of justice. Thus appeal waiver is enforced.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-3009 ___________ United States of America, Appellee, v. Michael Conner, Appellant. * * * * Appeal from the United States * District Court for the * Western District of Missouri. * * [UNPUBLISHED] * ___________ Submitted: October 8, 2009 Filed: October 14, 2009 ___________ Before WOLLMAN, RILEY, and SMITH, Circuit Judges. ___________ PER CURIAM. Michael Conner appeals the sentence the district court1 imposed after Conner pled guilty to possession of child pornography, in violation of 18 U.S.C. § 2252A(a)(5) and (b)(2). Conner s counsel filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the application of a four level United States Sentencing Guidelines § 2G2.2(b)(4) enhancement to Conner s offense level, and requesting permission to withdraw. This challenge falls within the scope of the appeal waiver contained in Conner s plea agreement. Because the record shows Conner s 1 The Honorable Richard E. Dorr, United States District Judge for the Western District of Missouri. plea was knowing and voluntary, and because we see nothing to suggest enforcement of the waiver would result in a miscarriage of justice, we enforce the appeal waiver in this case. See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (holding a court will enforce an appeal waiver in a plea agreement when the appeal falls within the scope of the waiver, both the waiver and the plea agreement were entered into knowingly and voluntarily, and enforcing the waiver would not result in a miscarriage of justice). We grant counsel s motion to withdraw, and we dismiss the appeal. ______________________________ -2-
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