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United States v. Walter Sorrells, 16-2516 (2017)

Court: Court of Appeals for the Eighth Circuit Number: 16-2516 Visitors: 10
Filed: Feb. 24, 2017
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 16-2516 _ United States of America, lllllllllllllllllllll Plaintiff - Appellee, v. Walter Deandre Sorrells, lllllllllllllllllllll Defendant - Appellant. _ Appeal from United States District Court for the Western District of Missouri - Kansas City _ Submitted: February 10, 2017 Filed: February 24, 2017 [Unpublished] _ Before COLLOTON, ARNOLD, and KELLY, Circuit Judges. _ PER CURIAM. Walter Sorrells appeals after he pleaded guilty to drug
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                 United States Court of Appeals
                            For the Eighth Circuit
                        ___________________________

                                No. 16-2516
                        ___________________________

                            United States of America,

                       lllllllllllllllllllll Plaintiff - Appellee,

                                           v.

                             Walter Deandre Sorrells,

                      lllllllllllllllllllll Defendant - Appellant.
                                       ____________

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

                           Submitted: February 10, 2017
                             Filed: February 24, 2017
                                  [Unpublished]
                                  ____________

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

PER CURIAM.

      Walter Sorrells appeals after he pleaded guilty to drug and money-laundering
charges, pursuant to a binding Federal Rule of Criminal Procedure 11(c)(1)(C) plea
agreement that contained an appeal waiver, and the district court1 imposed the
agreed-upon sentence, which was below the calculated Guidelines range. His counsel
has moved to withdraw and filed a brief under Anders v. California, 
386 U.S. 738
(1967), acknowledging the appeal waiver and raising issues related to Sorrells’s
conviction and sentence. Sorrells has not filed a supplemental brief.

       We conclude that the appeal waiver is enforceable and applicable to the issues
raised in this appeal. 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 outside
the scope of the waiver. Accordingly, we grant counsel’s motion, and we dismiss this
appeal.
                         ______________________________




      1
      The Honorable Greg Kays, Chief Judge, United States District Court for the
Western District of Missouri.

                                          -2-

Source:  CourtListener

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