United States v. Dennis Grippando, No. 15-3464 (8th Cir. 2016)
Annotate this CaseCourt Description: Per Curiam - Before Loken, Benton and Kelly, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant's guilty plea contains an appeal waiver that prevents consideration of his challenge to his within-guidelines sentence, and the appeal is dismissed.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3464 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Dennis Gene Grippando lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - St. Joseph ____________ Submitted: August 17, 2016 Filed: August 22, 2016 [Unpublished] ____________ Before LOKEN, BENTON, and KELLY, Circuit Judges. ____________ PER CURIAM. Dennis Gene Grippando pled guilty to conspiring to distribute a mixture with a detectable amount of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(c), and 846; and to conspiring to commit money laundering, in violation of 18 U.S.C. §§ 1956(a)(1)(A)(i) and (h). He directly appeals the within-guidelines sentence imposed by the district court.1 His counsel has moved to withdraw, and filed a brief under Anders v. California, 386 U.S. 738 (1967). Having jurisdiction under 28 U.S.C. § 1291, this court dismisses the appeal. Grippando’s plea agreement contains an appeal waiver that prevents consideration of this claim and should be enforced. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review of validity and applicability of appeal waiver); United States v. Andis, 333 F.3d 886, 889-90 (8th Cir. 2003) (en banc) (court should enforce appeal waiver and dismiss appeal where it falls within scope of waiver, plea agreement and waiver were entered into knowingly and voluntarily, and no miscarriage of justice would result). An independent review of the record reveals no non-frivolous issues for appeal outside the scope of the appeal waiver. See Penson v. Ohio, 488 U.S. 75 (1988). The appeal is dismissed and counsel's motion to withdraw is granted. ______________________________ 1 The Honorable Greg Kays, Chief Judge, United States District Court for the Western District of Missouri. -2-
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