Filed: Oct. 11, 2006
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 05-2927 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of North Dakota. Gregory Jerome Cree, * * [UNPUBLISHED] Appellant. * _ Submitted: October 6, 2006 Filed: October 11, 2006 _ Before RILEY, COLLOTON, and GRUENDER, Circuit Judges. _ PER CURIAM. Gregory Cree appeals the sentence imposed by the district court1 after he pleaded guilty, pursuant to a plea agreement, to a
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 05-2927 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of North Dakota. Gregory Jerome Cree, * * [UNPUBLISHED] Appellant. * _ Submitted: October 6, 2006 Filed: October 11, 2006 _ Before RILEY, COLLOTON, and GRUENDER, Circuit Judges. _ PER CURIAM. Gregory Cree appeals the sentence imposed by the district court1 after he pleaded guilty, pursuant to a plea agreement, to a o..
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 05-2927
___________
United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* District of North Dakota.
Gregory Jerome Cree, *
* [UNPUBLISHED]
Appellant. *
___________
Submitted: October 6, 2006
Filed: October 11, 2006
___________
Before RILEY, COLLOTON, and GRUENDER, Circuit Judges.
___________
PER CURIAM.
Gregory Cree appeals the sentence imposed by the district court1 after he
pleaded guilty, pursuant to a plea agreement, to a one-count information charging him
with abusive sexual contact, in violation of 18 U.S.C. ยงยง 2244(a)(2), (c), 2247 and
1153. His counsel seeks to withdraw and argues in a brief filed under Anders v.
California,
386 U.S. 738 (1967), that imposing the statutory maximum prison term
(144 months) was unreasonable.
1
The Honorable Daniel L. Hovland, Chief Judge, United States District Court
for the District of North Dakota.
We enforce the broad appeal waiver included in the plea agreement: the plea
colloquy reflects that Cree understood and voluntarily accepted the terms of the plea
agreement, including the waiver; this appeal falls within the scope of the waiver, as
the sentence did not exceed the advisory Guidelines range or the statutory maximum;
and no injustice would result from enforcing the waiver. See United States v. Andis,
333 F.3d 886, 889-90 (8th Cir. 2003) (en banc) (discussing enforceability of appeal
waiver); see also United States v. Estrada-Bahena,
201 F.3d 1070, 1071 (8th Cir.
2000) (per curiam) (enforcing appeal waiver in Anders case).
Accordingly, we dismiss the appeal and we grant counsel leave to withdraw.
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