Elawyers Elawyers
Ohio| Change

United States v. Marcus Chiles, 16-1478 (2017)

Court: Court of Appeals for the Eighth Circuit Number: 16-1478 Visitors: 123
Filed: Jan. 05, 2017
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 16-1478 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Marcus Chiles lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the District of Nebraska - Omaha _ Submitted: December 30, 2016 Filed: January 5, 2017 [Unpublished] _ Before SHEPHERD, ARNOLD, and KELLY, Circuit Judges. _ PER CURIAM. Marcus Chiles appeals the sentence the district court1 imposed after he pleaded gui
More
              United States Court of Appeals
                         For the Eighth Circuit
                     ___________________________

                             No. 16-1478
                     ___________________________

                          United States of America

                    lllllllllllllllllllll Plaintiff - Appellee

                                       v.

                                Marcus Chiles

                   lllllllllllllllllllll Defendant - Appellant
                                   ____________

                 Appeal from United States District Court
                   for the District of Nebraska - Omaha
                              ____________

                       Submitted: December 30, 2016
                          Filed: January 5, 2017
                              [Unpublished]
                              ____________

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

PER CURIAM.
       Marcus Chiles appeals the sentence the district court1 imposed after he pleaded
guilty to a drug charge. His counsel has moved to withdraw and filed a brief under
Anders v. California, 
386 U.S. 738
(1967), challenging the length of the sentence.

       Chiles 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 we dismiss this appeal.
                       ______________________________




      1
       The Honorable Joseph F. Bataillon, United States District Judge for the
District of Nebraska.

                                         -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