United States v. Dayton Heins

U.S. Court of Appeals for the Eighth Circuit
United States v. Dayton Heins, 436 F. App'x 726 (8th Cir. 2011)

United States v. Dayton Heins

Opinion

PER CURIAM.

Pursuant to a Federal Rule of Criminal Procedure 11(c)(1)(C) plea agreement, Dayton Heins pleaded guilty to possessing child pornography. The district court 1 sentenced him to 30 months in prison, which was the prison sentence the parties agreed upon in the plea agreement, and 5 years of supervised release. On appeal, Heins’s 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). Heins has filed a pro se supplemental brief.

In the written plea agreement, Heins agreed to waive all of his rights to appeal his conviction and sentence, except for certain claims of ineffective assistance of counsel and prosecutorial misconduct, so long as the court imposed the agreed-upon sentence. We will enforce the appeal waiver. The plea hearing transcript shows that Heins entered into both the plea agreement and the appeal waiver knowingly and voluntarily; the appeal waiver is effective, because the court imposed the agreed-upon sentence; the arguments raised on appeal fall within the scope of the waiver; and no miscarriage of justice would result from enforcing the waiver. See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc).

Having reviewed the record independently pursuant to Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues outside the scope of the waiver. Accordingly, we grant counsel’s motion to withdraw, and we dismiss this appeal.

1

. The Honorable John A. Jarvey, United States District Judge for the Southern District of Iowa.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Dayton Matthew HEINS, Appellant
Status
Unpublished