United States v. Gregory Jerome Cree
Opinion
Gregory Cree appeals the sentence imposed by the district court 1 after he pleaded guilty, pursuant to a plea agreement, to a one-count information charging him with abusive sexual contact, in violation of 18 U.S.C. §§ 2244(a)(2), (c), 2247 and 1153. His counsel seeks to withdraw and argues in a brief filed under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), that imposing the statutory maximum prison term (144 months) was unreasonable.
*586 We enforce the broad appeal waiver included in the plea agreement: the plea colloquy reflects that Cree understood and voluntarily accepted the terms of the plea agreement, including the waiver; this appeal falls within the scope of the waiver, as the sentence did not exceed the advisory Guidelines range or the statutory maximum; and no injustice would result from enforcing the waiver. See United States v. Andis, 333 F.3d 886, 889-90 (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).
Accordingly, we dismiss the appeal and we grant counsel leave to withdraw.
. The Honorable Daniel L. Hovland, Chief Judge, United States District Court for the District of North Dakota.
Reference
- Full Case Name
- UNITED STATES of America, Appellee, v. Gregory Jerome CREE, Appellant
- Status
- Unpublished