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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-2424 ___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Western District of Missouri. Terry Cross, * * [UNPUBLISHED] Appellant. * ___________ Submitted: November 30, 2006 Filed: December 14, 2006 ___________ Before SMITH, MAGILL and BENTON, Circuit Judges. ___________ PER CURIAM. Terry Cross appeals the sentence the district court1 imposed after he pleaded guilty to possessing methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A), and being a felon and unlawful drug user in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1), (3), and 924(a)(2). His counsel has moved to withdraw and filed a brief under Anders v. California,
386 U.S. 738(1967). 1 The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri. Cross’s plea agreement contains a valid appeal waiver. See United States v. Andis,
333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (discussing enforceability of appeal waiver); see also United States v. Estrada-Bahena,
201 F.3d 1070, 1071 (8th Cir. 2000) (per curiam) (enforcing appeal waiver in Anders case). Having reviewed the record independently pursuant to Penson v. Ohio,
488 U.S. 75, 80 (1988), we find no nonfrivolous issues not covered by the appeal waiver. Accordingly, we enforce the waiver and dismiss the appeal. We also grant counsel leave to withdraw. ______________________________ -2-
Document Info
Docket Number: 05-2424
Citation Numbers: 208 F. App'x 505
Judges: Smith, Magill, Benton
Filed Date: 12/14/2006
Precedential Status: Non-Precedential
Modified Date: 11/5/2024