United States v. Marcus Chiles ( 2017 )

United States Court of Appeals
For the Eighth Circuit
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No. 16-1478
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Marcus Chiles
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the District of Nebraska - Omaha
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Submitted: December 30, 2016
Filed: January 5, 2017
[Unpublished]
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Before SHEPHERD, ARNOLD, and KELLY, Circuit Judges.
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PER CURIAM.
Marcus Chiles appeals the sentence the district court1 imposed after he pleaded
guilty to a drug charge. His counsel has moved to withdraw and filed a brief under
Anders v. California, 386 U.S. 738 (1967), challenging the length of the sentence.
Chiles 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 we dismiss this appeal.
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1
The Honorable Joseph F. Bataillon, United States District Judge for the
District of Nebraska.
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