United States v. Rhodes
United States v. Rhodes
Opinion of the Court
Kenneth Jay Rhodes appeals his judgment of conviction and sentence. The case has been referred to this panel pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. We unanimously agree that oral argument is not needed. Fed. R.App. P. 34(a).
Rhodes pleaded guilty to a one-count indictment that charged him with distributing marijuana, a violation of 21 U.S.C. § 841(a)(1). The district court sentenced him to eighteen months of imprisonment to be followed by three years of supervised release.
In this timely appeal, Rhodes’s appointed counsel has filed a motion to withdraw and a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Rhodes was served with the brief and the motion. Rule 101(f), Sixth Circuit Supplemental Procedural Rules. He has filed no response.
The government moves this court to dismiss the appeal because Rhodes knowingly and voluntarily waived his right to appeal his sentence. In his Anders brief, defense counsel recognizes that Rhodes waived his right to appeal; counsel has not responded to the motion to dismiss the appeal.
We will grant the government’s motion to dismiss the appeal. In United States v. Fleming, 239 F.3d 761, 765-66 (6th Cir. 2001), we recently dismissed an appeal in which the defendant knowingly and voluntarily waived his right to appeal
We recognize that the dismissal of appeals is generally not favored by this court. Our relevant rule provides: “At any time after a notice of appeal is filed a party may file a motion to dismiss on the ground that the appeal is not within the jurisdiction of this Court. Motions to dismiss ordinarily may not be filed on grounds other than lack of jurisdiction.” Rule 27(e)(1), Rules of the Sixth Circuit (emphasis added).
In Fleming, we implicitly held that the enforcement of an appeal-waiver provision is an exception to our general rule disfavoring the dismissal of appeals. Today, we expressly hold that a valid appeal-waiver provision presents an exception to Rule 27(e)(1).
For the foregoing reasons, Rhodes’s appeal is dismissed, and counsel’s motion to withdraw is denied as moot. Rule 34(j)(2)(C), Rules of the Sixth Circuit.
Reference
- Full Case Name
- United States v. Kenneth Jay RHODES
- Cited By
- 2 cases
- Status
- Published