United States v. Oscar Turner

U.S. Court of Appeals for the Eighth Circuit
United States v. Oscar Turner, 389 F. App'x 576 (8th Cir. 2010)

United States v. Oscar Turner

Opinion

PER CURIAM.

Pursuant to a written plea agreement, Oscar L. Turner pleaded guilty to possessing a stolen firearm, in violation of 18 U.S.C. §§ 922(j) and 924(a)(2). The district court 1 sentenced him to 45 months in prison and 3 years of supervised release. On appeal, 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 district court should not have applied a Guidelines sentencing enhancement, and that the court’s sentence is unreasonable.

Turner entered his plea pursuant to a written plea agreement that contains a waiver of his right' to appeal his sentence, directly or collaterally, on any ground except for claims of (1) ineffective assistance of counsel, (2) prosecutorial misconduct, or (3) an illegal sentence. The plea agreement defines an illegal sentence, for purposes of the appeal waiver, as a sentence exceeding the statutory maximum, but not a sentence that includes less serious sentencing errors such as misapplication of the Guidelines, an abuse of discretion, or imposition of an unreasonable sentence. We will enforce the appeal waiver in this case, because the record shows that Turner entered his plea voluntarily, with full knowledge of and consent to the appeal *577 waiver, and his sentence does not exceed the statutory maximum. Further, the arguments raised in the Anders brief are covered by the appeal waiver. See 18 U.S.C. § 924(a)(2) (providing for 10-year maximum prison sentence for conviction under § 922(j)); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (enforceability of appeal waiver); 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 under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we have found no nonfrivolous issues that are not covered by the appeal waiver. Accordingly, we grant counsel’s motion to withdraw, and we dismiss this appeal.

1

. The Honorable Greg Kays, United States District Judge for the Western District of Missouri.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Oscar L. TURNER, Appellant
Status
Unpublished