United States v. Christopher Lindsey, No. 15-1934 (8th Cir. 2015)
Annotate this CaseCourt Description: Per Curiam - Before Smith, Colloton and Shepherd, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant's guilty plea contained a valid plea waiver and the appeal is dismissed.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-1934 ___________________________ United States of America, lllllllllllllllllllll Plaintiff - Appellee, v. Christopher Lindsey, lllllllllllllllllllll Defendant - Appellant. ____________ Appeal from United States District Court for the District of Minnesota - St. Paul ____________ Submitted: November 2, 2015 Filed: November 17, 2015 [Unpublished] ____________ Before SMITH, COLLOTON, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Christopher Lindsey directly appeals after he pled guilty to fraud and identitytheft offenses, and the district court1 sentenced him within his calculated Guidelines 1 The Honorable Donovan W. Frank, United States District Judge for the District of Minnesota. range to 180 months in prison. His counsel has filed a brief under Anders v. California, 386 U.S. 738 (1967), acknowledging that Lindsey’s plea agreement contained an appeal waiver, and arguing that Lindsey’s sentence is unreasonable. Counsel has also moved to withdraw. Lindsey has filed a pro se submission arguing that the appeal waiver is invalid because the district court advised him about his appeal rights. We conclude that the appeal waiver is valid, and after careful de novo review, see United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010), we further conclude that the appeal waiver is enforceable as to the issue raised by counsel, see United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc); see also Nguyen v. United States, 114 F.3d 699, 703 (8th Cir. 1997). In addition, an independent review of the record under Penson v. Ohio, 488 U.S. 75 (1988), reveals no nonfrivolous issues outside the scope of the appeal waiver. Accordingly, the appeal is dismissed, and counsel’s motion to withdraw is granted. ______________________________ -2-
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