United States v. Randy Lorenz, No. 09-3225 (8th Cir. 2010)
Annotate this CaseCourt Description: Criminal case - criminal law. Anders case. Defendant executed a valid appeal waiver as part of his plea agreement, and this appeal will be dismissed.
Download PDF
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-3225 ___________ United States of America, Appellee, v. Randy L. Lorenz, Appellant. * * * * Appeal from the United States * District Court for the * Western District of Missouri. * * [UNPUBLISHED] * ___________ Submitted: March 31, 2010 Filed: April 5, 2010 ___________ Before WOLLMAN, COLLOTON, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Randy Lorenz appeals the sentence the district court1 imposed after he pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. ยงยง 922(g)(1) and 924(a)(2). His counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967). Lorenz pleaded guilty pursuant to a plea agreement that contained an appeal waiver, which we will enforce. Lorenz s appeal falls within the scope of the waiver, 1 The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri. the record shows the requisite knowledge and voluntariness, and enforcing the appeal waiver would not constitute a miscarriage of justice. See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (court should enforce appeal waiver and dismiss appeal where it falls within scope of waiver, both plea agreement and waiver were entered into knowingly and voluntarily, and no miscarriage of justice would result); 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, see Penson v. Ohio, 488 U.S. 75, 80 (1988), we find no nonfrivolous issues not covered by the waiver. Accordingly, we grant counsel leave to withdraw, and we dismiss this appeal. ______________________________ -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
