United States v. Aaron Briggs ( 2022 )

United States Court of Appeals
For the Eighth Circuit
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No. 21-3289
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Aaron Edward Briggs
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Arkansas - Hot Springs
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Submitted: April 27, 2022
Filed: May 2, 2022
[Unpublished]
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Before LOKEN, GRUENDER, and GRASZ, Circuit Judges.
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PER CURIAM.
Aaron Briggs appeals the sentence imposed by the district court1 after he
pleaded guilty to a sex offense, pursuant to a plea agreement that includes an appeal
1
The Honorable Susan O. Hickey, Chief Judge, United States District Court for
the Western District of Arkansas.
waiver. His counsel has moved to withdraw, and has filed a brief under Anders v.
California, 386 U.S. 738 (1967), challenging the district court’s admission of
testimony at sentencing from two victims who were not involved in the instant
offense.
Upon careful review, 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); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir.
2003) (en banc). We have also independently reviewed the record under Penson v.
Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal outside
the scope of the appeal waiver. Accordingly, we dismiss the appeal, and we grant
counsel’s motion to withdraw.
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