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United States v. Ernest Britten, 16-2087 (2016)

Court: Court of Appeals for the Eighth Circuit Number: 16-2087 Visitors: 87
Filed: Dec. 01, 2016
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 16-2087 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Ernest Andrew Britten lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Western District of Missouri - Joplin _ Submitted: November 28, 2016 Filed: December 1, 2016 [Unpublished] _ Before SHEPHERD, ARNOLD, and KELLY, Circuit Judges. _ PER CURIAM. Ernest Britten appeals the sentence the district court1 imposed aft
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                  United States Court of Appeals
                             For the Eighth Circuit
                         ___________________________

                                 No. 16-2087
                         ___________________________

                              United States of America

                         lllllllllllllllllllll Plaintiff - Appellee

                                            v.

                                Ernest Andrew Britten

                       lllllllllllllllllllll Defendant - Appellant
                                       ____________

                     Appeal from United States District Court
                    for the Western District of Missouri - Joplin
                                  ____________

                           Submitted: November 28, 2016
                             Filed: December 1, 2016
                                   [Unpublished]
                                  ____________

Before SHEPHERD, ARNOLD, and KELLY, Circuit Judges.
                          ____________

PER CURIAM.

       Ernest Britten appeals the sentence the district court1 imposed after he pleaded
guilty to a child-pornography charge. His counsel has moved to withdraw and filed
a brief under Anders v. California, 
386 U.S. 738
(1967).

      1
      The Honorable Stephen R. Bough, United States District Judge for the
Western District of Missouri.
       Britten pleaded guilty after entering into a written plea agreement containing
an appeal waiver. We conclude that the appeal waiver is enforceable. 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) (discussing enforcement of appeal waivers). Furthermore, we
have independently reviewed the record under Penson v. Ohio, 
488 U.S. 75
(1988),
and have found no non-frivolous issues for appeal. Accordingly, we grant counsel’s
motion and dismiss this appeal.
                       ______________________________




                                         -2-

Source:  CourtListener

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