Elawyers Elawyers
Washington| Change

United States v. Terry Cross, 05-2424 (2006)

Court: Court of Appeals for the Eighth Circuit Number: 05-2424 Visitors: 20
Filed: Dec. 14, 2006
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 05-2424 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Western District of Missouri. Terry Cross, * * [UNPUBLISHED] Appellant. * _ Submitted: November 30, 2006 Filed: December 14, 2006 _ Before SMITH, MAGILL and BENTON, Circuit Judges. _ PER CURIAM. Terry Cross appeals the sentence the district court1 imposed after he pleaded guilty to possessing methamphetamine with intent to d
More
                      United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                   ___________

                                   No. 05-2424
                                   ___________

United States of America,               *
                                        *
               Appellee,                *
                                        * Appeal from the United States
      v.                                * District Court for the
                                        * Western District of Missouri.
Terry Cross,                            *
                                        * [UNPUBLISHED]
               Appellant.               *
                                   ___________

                             Submitted: November 30, 2006
                                Filed: December 14, 2006
                                 ___________

Before SMITH, MAGILL and BENTON, Circuit Judges.
                           ___________

PER CURIAM.

        Terry Cross appeals the sentence the district court1 imposed after he pleaded
guilty to possessing methamphetamine with intent to distribute, in violation of 21
U.S.C. § 841(a)(1), (b)(1)(A), and being a felon and unlawful drug user in possession
of a firearm, in violation of 18 U.S.C. §§ 922(g)(1), (3), and 924(a)(2). His counsel
has moved to withdraw and filed a brief under Anders v. California, 
386 U.S. 738
(1967).



      1
        The Honorable Gary A. Fenner, United States District Judge for the Western
District of Missouri.
       Cross’s plea agreement contains a valid appeal waiver. See United States v.
Andis, 
333 F.3d 886
, 889-92 (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). Having reviewed
the record independently pursuant to Penson v. Ohio, 
488 U.S. 75
, 80 (1988), we find
no nonfrivolous issues not covered by the appeal waiver.

      Accordingly, we enforce the waiver and dismiss the appeal. We also grant
counsel leave to withdraw.
                       ______________________________




                                        -2-

Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer