Michael W. Ryan v. Harold W. Clarke

1The Honorable Charles R. Wolle, United States District Judge for the Southern
District of Iowa.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-2884
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Southern District of Iowa.
Roy D. Murphy, *
* [UNPUBLISHED]
Appellant. *
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Submitted: October 6, 2004
Filed: October 13, 2004
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Before MURPHY, FAGG, and SMITH, Circuit Judges.
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PER CURIAM.
Roy Murphy pleaded guilty to conspiracy to manufacture and distribute at least
50 grams of methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A) and
§ 846. Murphy appeals the sentence imposed by the district court.1 Murphy’s
counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S.
738 (1967), arguing that the court erred in including drugs intended for Murphy’s
personal use in the Guidelines calculation of offense conduct. This argument,
however, falls within the scope of an appeal waiver contained in Murphy’s plea

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agreement, and after careful consideration of both the language of the appeal waiver
and the circumstances of this case, we see no reason not to enforce the waiver. See
United States v. Woods, 346 F.3d 815, 817-18 (8th Cir. 2003). Accordingly, we will
not address Murphy’s argument.
Having found no nonfrivolous issues after reviewing the record independently
pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we affirm. We also grant counsel’s
motion to withdraw.
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