Judges: Per Curiam
Filed: Nov. 15, 2006
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED ORDER Not to be cited per Circuit Rule 53 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted November 15, 2006 Decided November 15, 2006 Before Hon. RICHARD A. POSNER, Circuit Judge Hon. JOHN L. COFFEY, Circuit Judge Hon. DANIEL A. MANION, Circuit Judge No. 06-1886 UNITED STATES OF AMERICA, Appeal from the United States District Plaintiff-Appellee, Court for the Southern District of Illinois v. No. 05 CR 30040 LEROY L. SCOTT, JR., David R. Herndo
Summary: UNPUBLISHED ORDER Not to be cited per Circuit Rule 53 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted November 15, 2006 Decided November 15, 2006 Before Hon. RICHARD A. POSNER, Circuit Judge Hon. JOHN L. COFFEY, Circuit Judge Hon. DANIEL A. MANION, Circuit Judge No. 06-1886 UNITED STATES OF AMERICA, Appeal from the United States District Plaintiff-Appellee, Court for the Southern District of Illinois v. No. 05 CR 30040 LEROY L. SCOTT, JR., David R. Herndon..
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UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted November 15, 2006
Decided November 15, 2006
Before
Hon. RICHARD A. POSNER, Circuit Judge
Hon. JOHN L. COFFEY, Circuit Judge
Hon. DANIEL A. MANION, Circuit Judge
No. 06-1886
UNITED STATES OF AMERICA, Appeal from the United States District
Plaintiff-Appellee, Court for the Southern District of Illinois
v. No. 05 CR 30040
LEROY L. SCOTT, JR., David R. Herndon,
Defendant-Appellant. Judge.
ORDER
Leroy Scott, Jr. pleaded guilty to aiding and abetting voter fraud, see 42
U.S.C. § 1973i(c), and was sentenced to ten months’ imprisonment. In his plea
agreement Scott waived his right to appeal his conviction or sentence so long as his
sentence was within the applicable advisory guidelines range as determined by the
district court, which it was. Scott appealed anyway, and his counsel now seeks to
withdraw because he cannot discern a nonfrivolous basis for the appeal. See Anders
v. California,
386 U.S. 738 (1967). Scott has not accepted our invitation to comment
on counsel’s motion. See Cir. R. 51(b). Our review is thus limited to the potential
issues identified in counsel’s facially adequate brief. See United States v. Schuh,
289
F.3d 968, 973-74 (7th Cir. 2002).
No. 06-1886 Page 2
Counsel first considers generally whether Scott could argue that his guilty
plea was not knowing or voluntary. But counsel also informs us that Scott has never
indicated that he wanted to withdraw his guilty plea. Thus, counsel should not have
considered this argument. See United States v. Knox,
287 F.3d 667, 671-72 (7th Cir.
2002).
Counsel next considers whether Scott could challenge his sentence, but
correctly notes that any such challenge would be rendered frivolous by the broad
waiver of appeal included in his plea agreement. See United States v. Lockwood,
416
F.3d 604, 607-08 (7th Cir. 2005) (enforcing defendant's appeal waiver that was made
knowingly and voluntarily); United States v. Whitlow,
287 F.3d 638, 640 (7th Cir.
2002) (noting that waiver of appeal “stands or falls” with the plea).
Accordingly, counsel's motion to withdraw is GRANTED, and the appeal is
DISMISSED.