United States v. Richard Huff, No. 21-1557 (8th Cir. 2021)
Annotate this CaseCourt Description: [Per Curiam - Before Benton, Kelly, and Erickson, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant's appeal waiver is valid, enforceable, and applicable to the sentencing issue raised, and the appeal is dismissed. [ August 24, 2021 ]
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 21-1557 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Richard Alan Huff lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Western ____________ Submitted: August 20, 2021 Filed: August 25, 2021 [Unpublished] ____________ Before BENTON, KELLY, and ERICKSON, Circuit Judges. ____________ PER CURIAM. Richard Huff appeals the sentence the district court1 imposed after he pled guilty to a drug offense, pursuant to a plea agreement containing an appeal waiver. 1 The Honorable Rebecca Goodgame Ebinger, United States District Judge for the Southern District of Iowa. His counsel has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the reasonableness of the sentence, and has moved to withdraw. We conclude that the appeal waiver is valid, enforceable, and applicable to the issue raised in this appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (this court reviews de novo validity and applicability of appeal waiver); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (appeal waiver will be enforced if appeal falls within scope of waiver, defendant knowingly and voluntarily entered into plea agreement and waiver, and enforcing waiver would not result in a miscarriage of justice). Having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal outside the scope of the appeal waiver. Accordingly, we grant counsel’s motion to withdraw, and we dismiss the appeal. ______________________________ -2-
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