United States v. Gregory Jerome Cree

U.S. Court of Appeals for the Eighth Circuit
United States v. Gregory Jerome Cree, 199 F. App'x 585 (8th Cir. 2006)

United States v. Gregory Jerome Cree

Opinion

PER CURIAM.

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.

1

. 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Unpublished