United States v. Brian Bear Heels

U.S. Court of Appeals for the Eighth Circuit
United States v. Brian Bear Heels, 203 F. App'x 754 (8th Cir. 2006)

United States v. Brian Bear Heels

Opinion

PER CURIAM.

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.

1

. 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Unpublished