United States v. Aaron Briggs

U.S. Court of Appeals for the Eighth Circuit

United States v. Aaron Briggs

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 21-3289 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Aaron Edward Briggs

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Western District of Arkansas - Hot Springs ____________

Submitted: April 27, 2022 Filed: May 2, 2022 [Unpublished] ____________

Before LOKEN, GRUENDER, and GRASZ, Circuit Judges. ____________

PER CURIAM.

Aaron Briggs appeals the sentence imposed by the district court1 after he pleaded guilty to a sex offense, pursuant to a plea agreement that includes an appeal

1 The Honorable Susan O. Hickey, Chief Judge, United States District Court for the Western District of Arkansas. waiver. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the district court’s admission of testimony at sentencing from two victims who were not involved in the instant offense.

Upon careful review, we conclude that the appeal waiver is valid, enforceable, and applicable to the issue raised in this appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc). We have also independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal outside the scope of the appeal waiver. Accordingly, we dismiss the appeal, and we grant counsel’s motion to withdraw. ______________________________

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Reference

Status
Unpublished