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United States v. Rebecca S. Shriver, 05-4126 (2006)

Court: Court of Appeals for the Eighth Circuit Number: 05-4126 Visitors: 38
Filed: Nov. 09, 2006
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 05-4126 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Western District of Missouri. Rebecca S. Shriver, * * [UNPUBLISHED] Appellant. * _ Submitted: November 6, 2006 Filed: November 9, 2006 _ Before MURPHY, BYE, and MELLOY, Circuit Judges. _ PER CURIAM. Rebecca Shriver appeals the sentence the district court1 imposed after she pleaded guilty to distributing methamphetamine, in v
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                      United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                   ___________

                                   No. 05-4126
                                   ___________

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                                        *    [UNPUBLISHED]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

                             Submitted: November 6, 2006
                                Filed: November 9, 2006
                                 ___________

Before MURPHY, BYE, and MELLOY, Circuit Judges.
                           ___________

PER CURIAM.

      Rebecca Shriver appeals the sentence the district court1 imposed after she
pleaded guilty to distributing methamphetamine, in violation of 21 U.S.C. § 841(a)(1)
and (b)(1)(C). Her counsel has moved to withdraw and filed a brief under Anders v.
California, 
386 U.S. 738
(1967).

      Shriver’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

      1
        The Honorable Richard E. Dorr, United States District Judge for the Western
District of Missouri.
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), for any
nonfrivolous issues not covered by the appeal waiver, we find none. Accordingly, we
enforce the waiver and dismiss the appeal. We also grant counsel leave to withdraw.
                       ______________________________




                                        -2-

Source:  CourtListener

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