Judges: Per Curiam
Filed: Jun. 04, 2018
Latest Update: Mar. 03, 2020
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted May 29, 2018 Decided June 4, 2018 Before FRANK H. EASTERBROOK, Circuit Judge DAVID F. HAMILTON, Circuit Judge AMY C. BARRETT, Circuit Judge No. 17-2154 UNITED STATES OF AMERICA, Appeal from the United States District Plaintiff-Appellee, Court for the Southern District of Indiana, Indianapolis Division. v. No. 1:16CR00002-014
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted May 29, 2018 Decided June 4, 2018 Before FRANK H. EASTERBROOK, Circuit Judge DAVID F. HAMILTON, Circuit Judge AMY C. BARRETT, Circuit Judge No. 17-2154 UNITED STATES OF AMERICA, Appeal from the United States District Plaintiff-Appellee, Court for the Southern District of Indiana, Indianapolis Division. v. No. 1:16CR00002-014 ..
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NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted May 29, 2018
Decided June 4, 2018
Before
FRANK H. EASTERBROOK, Circuit Judge
DAVID F. HAMILTON, Circuit Judge
AMY C. BARRETT, Circuit Judge
No. 17‐2154
UNITED STATES OF AMERICA, Appeal from the United States District
Plaintiff‐Appellee, Court for the Southern District
of Indiana, Indianapolis Division.
v.
No. 1:16CR00002‐014
DONALD HINKLE,
Defendant‐Appellant. Jane E. Magnus‐Stinson ,
Chief Judge.
O R D E R
Donald Hinkle pleaded guilty to one count of being a felon in possession of
ammunition, 18 U.S.C. § 922(g)(1). In a written plea agreement, the government and
Hinkle agreed that 120 months’ imprisonment, the statutory maximum, see 18 U.S.C.
§ 924(a)(2), was an appropriate sentence. The district court accepted this
recommendation—an upward variance from the Sentencing Guidelines imprisonment
range of 84 to 105 months. Although his plea agreement contained a broad appeal
waiver, Hinkle appealed.
No. 17‐2154 Page 2
Hinkle’s appointed lawyer asserts that the appeal is frivolous and seeks to
withdraw. See Anders v. California, 386 U.S. 738 (1967). Hinkle did not respond to
counsel’s motion after being advised of his right to do so. See CIR R. 51(b). Counsel
explains the nature of the case and addresses the issues that an appeal of this kind
might be expected to involve. The analysis in the brief appears to be thorough, so we
limit our review to the subjects counsel discusses. See United States v. Bey, 748 F.3d 774,
776 (7th Cir. 2014); United States v. Wagner, 103 F.3d 551, 553 (7th Cir. 1996).
Counsel first tells us that she consulted with Hinkle and that he does not wish to
withdraw his guilty plea. Thus, counsel properly declines to discuss the voluntariness
of the plea or the adequacy of Hinkle’s plea colloquy. See United States v. Konczak,
683 F.3d 348, 349 (7th Cir. 2012); United States v. Knox, 287 F.3d 667, 671 (7th Cir. 2002).
Counsel then considers whether Hinkle could challenge his sentence, but rightly
concludes that the appeal waiver in his plea agreement would foreclose any argument.
Hinkle expressly waived his rights to appeal on any ground “the conviction and
sentence imposed in this case,” including “all provisions of the guilty plea and sentence
imposed” and “the length and conditions of supervised release.” Counsel examines
whether any relevant exception to an appeal waiver might apply, but rightly concludes
that the district court did not rely on any constitutionally impermissible factors, and
that Hinkle’s 120‐month sentence—to which he specifically acceded in the plea
agreement—does not exceed the ten‐year statutory maximum. See United States v. Smith,
759 F.3d 702, 706 (7th Cir. 2014); United States v. Bownes, 405 F.3d 634, 637 (7th Cir. 2005).
Because the guilty plea stands, so does the waiver. See United States v. Zitt, 714 F.3d 511,
515 (7th Cir. 2013). It follows that Hinkle cannot raise any non‐frivolous argument on
appeal.
We GRANT counsel’s motion to withdraw and DISMISS the appeal.