Filed: Apr. 10, 2015
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 14-3198 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Ezra Robert Gramm lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Western District of Missouri - Springfield _ Submitted: April 3, 2015 Filed: April 10, 2015 [Unpublished] _ Before WOLLMAN, MURPHY, and GRUENDER, Circuit Judges. _ PER CURIAM. Ezra Gramm directly appeals the sentence imposed by the district court
Summary: United States Court of Appeals For the Eighth Circuit _ No. 14-3198 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Ezra Robert Gramm lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Western District of Missouri - Springfield _ Submitted: April 3, 2015 Filed: April 10, 2015 [Unpublished] _ Before WOLLMAN, MURPHY, and GRUENDER, Circuit Judges. _ PER CURIAM. Ezra Gramm directly appeals the sentence imposed by the district court1..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 14-3198
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Ezra Robert Gramm
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the Western District of Missouri - Springfield
____________
Submitted: April 3, 2015
Filed: April 10, 2015
[Unpublished]
____________
Before WOLLMAN, MURPHY, and GRUENDER, Circuit Judges.
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PER CURIAM.
Ezra Gramm directly appeals the sentence imposed by the district court1 after
he pleaded guilty to sexual exploitation of a child. His counsel has moved to
1
The Honorable Greg Kays, Chief Judge, United States District Court for the
Western District of Missouri.
withdraw, and has filed a brief under Anders v. California,
386 U.S. 738 (1967),
raising an argument that the sentence was unreasonable. We conclude that Gramm’s
appeal waiver should be enforced and prevents consideration of the claim. 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, 890-92 (8th
Cir. 2003) (en banc) (court should dismiss appeal where it falls within scope of
waiver, plea agreement and waiver were entered into knowingly and voluntarily, and
no miscarriage of justice would result). Gramm has filed a supplemental pro se brief,
arguing that his sentence was unconstitutional based on a conviction he received in
Missouri state court. We conclude that Gramm’s sentence did not violate double
jeopardy because the state and federal sentences punished different conduct, see
Monge v. California,
524 U.S. 721, 727-28 (1998) (double jeopardy clause of Fifth
Amendment protects against multiple criminal punishments for the same offense), and
we see no other basis for a constitutional challenge. Finally, having reviewed the
record independently under Penson v. Ohio,
488 U.S. 75, 80 (1988), we find no
nonfrivolous issues outside the scope of the waiver.
Accordingly, we affirm the judgment of the district court, and we grant
counsel’s motion to withdraw, subject to counsel informing appellant about
procedures for seeking rehearing or filing a petition for certiorari.
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