U.S. Court of Appeals for the Eighth Circuit, 2010

United States v. Ricky Horstman

United States v. Ricky Horstman
U.S. Court of Appeals for the Eighth Circuit · Decided July 27, 2010 · Bye, Bowman, Colloton
387 F. App'x 681

United States v. Ricky Horstman

Opinion

PER CURIAM.

Ricky Horstman appeals the sentence the District Court 1 imposed after he pleaded guilty to one count of possession of child pornography. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the court misapplied the Guidelines and imposed an unreasonable sentence. Upon careful review, we grant counsel’s motion to withdraw, and we dis *682 miss the appeal based upon an appeal waiver contained in Horstman’s plea agreement. See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir.) (en banc) (holding that enforcement of an appeal waiver in a plea agreement is appropriate where the appeal falls within the scope of the waiver, the defendant entered into both the plea agreement and the appeal waiver knowingly and voluntarily, and enforcement of the waiver would not result in a miscarriage of justice), cert. denied, 540 U.S. 997, 124 S.Ct. 501, 157 L.Ed.2d 398 (2003); United States v. Estrada-Bahena, 201 F.3d 1070, 1071 (8th Cir. 2000) (per curiam) (enforcing an appeal waiver in an Anders case).

1

. The Honorable Scott O. Wright, United States District Judge for the Western District of Missouri.

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