United States v. Ernest Britten, No. 16-2087 (8th Cir. 2016)

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Court Description: Per Curiam - Before Shepherd, Arnold and Kelly, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant's appeal was barred by the appeal waiver in his written guilty plea;the waiver is enforced and the appeal is dismissed. Home | Contact Us | Employment | Glossary of Legal Terms | Site Map | RSS Privacy Policy|BrowseAloud

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-2087 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Ernest Andrew Britten lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Joplin ____________ Submitted: November 28, 2016 Filed: December 1, 2016 [Unpublished] ____________ Before SHEPHERD, ARNOLD, and KELLY, Circuit Judges. ____________ PER CURIAM. Ernest Britten appeals the sentence the district court1 imposed after he pleaded guilty to a child-pornography charge. His counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967). 1 The Honorable Stephen R. Bough, United States District Judge for the Western District of Missouri. Britten pleaded guilty after entering into a written plea agreement containing an appeal waiver. We conclude that the appeal waiver is enforceable. 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, 890-92 (8th Cir. 2003) (en banc) (discussing enforcement of appeal waivers). Furthermore, we have independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal. Accordingly, we grant counsel’s motion and dismiss this appeal. ______________________________ -2-

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