United States v. Rebecca S. Shriver

U.S. Court of Appeals for the Eighth Circuit

United States v. Rebecca S. Shriver

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 05-4126 ___________

United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Western District of Missouri. Rebecca S. Shriver, * * [UNPUBLISHED] Appellant. * ___________

Submitted: November 6, 2006 Filed: November 9, 2006 ___________

Before MURPHY, BYE, and MELLOY, Circuit Judges. ___________

PER CURIAM.

Rebecca Shriver appeals the sentence the district court1 imposed after she pleaded guilty to distributing methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C). Her counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967).

Shriver’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

1 The Honorable Richard E. Dorr, United States District Judge for the Western District of Missouri. 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 Penson v. Ohio, 488 U.S. 75, 80 (1988), for any nonfrivolous 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. ______________________________

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Reference

Status
Unpublished