United States v. Brian Bear Heels
Opinion
Brian Bear Heels appeals the sentence the district court 1 imposed after he plead *755 ed guilty to second degree murder, in violation of 18 U.S.C. §§ 1153, 1111, and 2. His counsel has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); Bear Heels objects to counsel’s request to withdraw.
Bear Heels’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 Pen-son v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), for any nonfrivo-lous issues not covered by the appeal waiver, we find none. Accordingly, we enforce the waiver, and dismiss the appeal. We also grant counsel leave to withdraw.
. The Honorable Charles B. Kornmann, United States District Judge for the District of South Dakota.
Reference
- Full Case Name
- UNITED STATES of America, Appellee, v. Brian BEAR HEELS, Appellant
- Status
- Unpublished