United States v. Christian Poythress
United States v. Christian Poythress
Opinion
Christian Poythress appeals the district court’s judgment sentencing him to 168 months’ imprisonment. Poythress’ counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), questioning whether Poythress’ sentence was procedurally reasonable. The Government has moved to dismiss the appeal as barred by Poythress’ waiver of the right to appeal included in *298 the plea agreement. Upon review of the plea agreement and the transcript of the Fed.R.Crim.P. 11 hearing, we conclude that Poythress knowingly and voluntarily waived his right to appeal his sentence on any ground and that the issue Poythress seeks to raise on appeal falls squarely within the compass of his waiver of appellate rights. Accordingly, Poythress’ appeal is dismissed to the extent that he seeks review of his sentence.
We have reviewed the entire record in accordance with Anders for any meritorious issues outside of the scope of Poy-thress’ waiver of appellate rights and found none. We therefore affirm Poy-thress’ conviction. This court requires that counsel inform Poythress, in writing, of the right to petition the Supreme Court of the United States for further review. If Poythress requests that a petition be filed, but counsel believes that such a petition would be frivolous, then counsel may move in this court for leave to withdraw from representation. Counsel’s motion must state that a copy thereof was served on Poythress.
We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument will not aid the decisional process.
DISMISSED IN PART; AFFIRMED IN PART
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