United States v. Montarris Raiford

U.S. Court of Appeals for the Eighth Circuit

United States v. Montarris Raiford

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 17-2893 ___________________________

United States of America

lllllllllllllllllllll Plaintiff - Appellee

v.

Montarris Marquis Raiford

lllllllllllllllllllll Defendant - Appellant ____________

Appeal from United States District Court for the Eastern District of Arkansas - Little Rock ____________

Submitted: April 18, 2018 Filed: April 23, 2018 [Unpublished] ____________

Before GRUENDER, BENTON, and STRAS, Circuit Judges. ____________

PER CURIAM.

Montarris Marquis Raiford directly appeals after pleading guilty in the district 1 court to a drug offense, pursuant to a plea agreement containing an appeal waiver.

1 The Honorable D.P. Marshall Jr., United States District Judge for the Eastern District of Arkansas. Raiford’s counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967). Having jurisdiction under 28 U.S.C. § 1291, this court dismisses the appeal based on the appeal waiver.

Upon review, this court concludes that the appeal waiver is valid, applicable, and enforceable. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review of validity and applicability of appeal waiver); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (appeal waiver will be enforced if appeal falls within scope of waiver, defendant knowingly and voluntarily entered into plea agreement and waiver, and enforcing waiver would not result in miscarriage of justice). An independent review of the record reveals no nonfrivolous issues for appeal outside the scope of the waiver. See Penson v. Ohio, 488 U.S. 75 (1988).

The appeal is dismissed. Counsel’s motion to withdraw is granted. ______________________________

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Reference

Status
Unpublished